Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS issued by the CEDING COMPANY that: (i) are identified by form in Schedule X-x; (ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x; (iii) have accounts invested in the investment funds listed in Schedule B-2; (iv) are issued within the limits and rules described in Schedule C-l; (v) are in compliance with all of the other terms and provisions of this Agreement; (vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and (vii) are ACTIVE CONTRACTS. B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE. C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE. D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following: 1. REINSURER’S Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period; 2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER; 3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period. E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: 1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears. 2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate. F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER
Appears in 1 contract
Samples: Dber Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY that:
(i) are among the GMDB TYPES identified by form in Schedule X-xA;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed described in Schedule B-2B;
(iii) were issued between September 11,1991 and November 29, 2002;
(iv) are issued within ACTIVE CONTRACTS on the limits and rules described in Schedule C-lEFFECTIVE DATE;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease Subject to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31paragraphs C and D below, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of on the TERMINATION DATE.
D. C. The CEDING COMPANY shall have the option of terminating this Agreement for new businessimmediately upon written notice to the REINSURER after the occurrence of sub-provision 1 below, existing business, or both, by giving and with ninety (90) days advance written notice to the REINSURER, REINSURER after the occurrence of any of the followingsub-provision 2 below:
1. An order appointing a receiver, conservator or trustee for management of REINSURER is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER’S .
2. REINSURER's Standard and Poor’s 's Claim Paying Rating ("S&P Rating") is reduced to a “BBB” "BBB-" or lower, but only if at the time of such rating, the CEDING COMPANY is rated higher than BBB-. REINSURER must report any adverse change in Standard and Poor’s its S&P Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if the REINSURER’s Standard and Poor’s 's S&P Rating is restored to a level higher than “BBB” "BBB-" or the CEDING COMPANY's S&P Rating falls at or below the REINSURER's S&P Rating during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 90-day notice period.
E. D. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving with ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule GG. The REINSURER must provide CEDING COMPANY with Notice of Termination. If, provided that during the REINSURER’s notice of termination identifies whether new contractsninety (90) days following this notification, existing contracts or both the REINSURER receives all data submissions in arrears, this Agreement will be terminated remain in effect and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if withdrawn. If the CEDING COMPANYCOMPANY fails to provide the submission of data in accordance with Schedule G as of the close of the last day of this ninety (90) day notice period, within 90 days after the date the REINSURER’s notice of termination is given, provides to 's liability for all risks reinsured associated with the REINSURER all withheld data submissions then in arrearsunder this Agreement will terminate.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is the premiums are not paid by the REMITTANCE DATEDATE other than amounts that are the subject of a good faith dispute, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance written notice of termination to the CEDING COMPANY. If all premiums in default and interest owed in accordance with Article III, paragraph F E are received by the REINSURER within the ninety (90) day notice time period, the this Agreement will remain in effect and the notice of termination shall be deemed withdrawn. If premium remains premiums remain in default as of the close of the last day of the this ninety (90) day notice periodperiod other than amounts that are the subject of a good faith dispute, the REINSURER’S 's liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. E. Except as otherwise provided herein, upon termination of this Agreement for existing businessAgreement, the REINSURER shall have no reinsurance liability with respect to any VARIABLE ANNUITY CONTRACTCONTRACTS. Notwithstanding termination of reinsurance as provided herein, the CEDING COMPANY shall continue to be liable to the REINSURER for all undisputed unpaid reinsurance premiums earned by the REINSURER under this Agreement and the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS and owed to the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until for deaths occurring prior to or on the date TERMINATION DATE subject to the Agreement is terminated. Any net limitation of Article VI, Section F. Such amounts due from owed by either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERThe daily interest rate is equal to 1/365 times the sum of (1) the 3-month LIBOR rate as of the most recent MONTHLY VALUATION DATE, as published in the Wall Street Journal, plus 1.00%.
Appears in 1 contract
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;B-1.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-lC-1;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY Xxxxxxx Xxxxx and ACE Tempest Re GMDB enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERGMDB
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPES identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates;
(iv) are issued within the limits and rules described in Schedule C-lC-1;
(v) are in compliance with all of the other terms and provisions of this Agreement;; and
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of of: (i) May December 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds exceed the limit limits provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY paid on an ACTIVE CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATEdate the Agreement ceases to cover new VARIABLE ANNUITY CONTRACTS are unaffected by the limits provided in Schedule C-2, paragraph 3.
C. This Agreement will terminate with respect to each ANNUITY ACTIVE CONTRACT subject to it, as of the TERMINATION DATElast day of the REINSURANCE TERM for each ACTIVE CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new businessVARIABLE ANNUITY CONTRACTS, existing businessVARIABLE ANNUITY CONTRACTS, or both, by giving with ninety (90) days advance written notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’S 's Standard and Poor’s 's Claim Paying Rating is reduced to a “"BBB” " or lower. The REINSURER must report any adverse change in Standard and Poor’s 's Rating to the CEDING COMPANY within fifteen (15) days of the change. ; Any notice of termination given by the CEDING COMPANY enabled enable by such rating reduction shall be deemed withdrawn if the REINSURER’s 's Standard and Poor’s 's Rating is restored to a level higher than “"BBB” " during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER
Appears in 1 contract
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall MLLICNY & ACE Tempest GMIB 7 be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 31,2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and MLLICNY & ACE Tempest Re DBERGMIB 8
Appears in 1 contract
Samples: Gmib Reinsurance Agreement (Ml of New York Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;; and
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit on or after the EFFECTIVE DATE and prior to May 31, 2005, as described in Schedule A; said contracts being herein defined as the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTS subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE4.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if the REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day days notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by due to such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s ’S notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION VALAUTION DATE as published in the Wall Street Journal; and (b) is 1.00%[REDACTED]. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life Effective June 1, 2005, this Amendment is hereby attached to and ACE Tempest Re DBERbecomes a part of the above-described Reinsurance Agreement. It is mutually agreed that the Agreement will be updated to extend the new business window through May 31, 2007, to increase the new business volume to a total capacity of [REDACTED], to increase the reinsurance premiums on new business, effective June 1, 2005, to [REDACTED] per annum, to update the fund listing, to add both components of the Guaranteed Income Base to the required fields in the monthly seriatim file, to add new rider forms and to add the new GMIB form number to Schedule F. To effect these changes, the following provisions of this Agreement are hereby amended: • In Article I, Definitions, the definition of REINSURANCE TERM is revised as follows: REINSURANCE TERM means the period starting on the EFFECTIVE DATE and extending through May 31, 2032. • Article III, Effective Date, Term, and Termination, Amendment #4, is hereby replaced by the attached Article III. • Schedule B-1 Contracts Subject to this Reinsurance Agreement, Amendment #4, is hereby replaced by the attached Schedule B-1. • Schedule B-2, Subaccounts Subject to this Reinsurance Agreement, Amendment #3, is hereby replaced by the attached Schedule B-2. • Schedule C-1, Limits and Rules of the CEDING COMPANY, is hereby replaced by the attached Schedule C-1. • Schedule C-2, Limits and Rules of the REINSURER, Amendment #4, is hereby replaced by the attached Schedule C-2. • Schedule D, MONTHLY REINSURANCE PREMIUM RATE by CONTRACT TYPE and GMIB TYPE, Amendment #4, is hereby replaced by the attached Schedule D. • Schedule F, REINSURER Share of Risk by CONTRACT TYPE & GMIB TYPE, is hereby replaced by the attached Schedule F. • Schedule G, Reporting Format and Data Requirements, Amendment #2, is hereby replaced by the attached Schedule G. • Schedule I, Calculation of ADJUSTED GMIB CLAIM, Amendment #2, is hereby replaced by the attached Schedule I. This Amendment is valid only if fully executed on or before August 15, 2005. By: Title: Date: By: Title: Date:
Appears in 1 contract
Samples: Variable Annuity Gmib Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall Xxxxxxx Xxxxx & ACE Tempest GMIB 7 be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBERGMIB 8
Appears in 1 contract
Samples: Gmib Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s ’S Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a Xxxxxxx Xxxxx & ACE Tempest GMDB 7 level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest Merest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBERGMDB 8
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ENFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus Xxxxxxx Xxxxx Life and & ACE Tempest Re DBER surplus EEB 8 position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBEREEB 9
Appears in 1 contract
Samples: Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. The effective date of this Agreement is JULY 1, 1995. This Agreement covers individual ANNUITY CONTRACTS issued remains effective for all annuity contracts subject to this Agreement written by NASL through JUNE 30, 1998, unless terminated pursuant to the CEDING COMPANY thatparagraphs listed below:
B. Either Connecticut General or NASL shall have the option of terminating this agreement with one hundred and eighty (i18O) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of days written notice to the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE party for new business anytime on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31June 30, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE1998.
C. This Agreement will terminate Once each calendar year, NASL shall have the option to recapture existing contracts beginning with respect the [*] anniversary of their reinsurance hereunder. If NASL elects to each ANNUITY CONTRACT subject to itrecapture, as [*] of the TERMINATION DATEcontracts can be recaptured in the first year eligible, [*] of the remaining contracts can be recaptured in the second year, and the balance of the contracts can be recaptured in the third year. Recapture must be made on an issue year basis beginning with the earliest issue year. Recapture cannot occur on contracts with later issue years until all contracts with earlier issue dates have been recaptured.
D. The CEDING COMPANY Upon delivery of sixty (60) days written notice to NASL, Connecticut General shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety business within sixty (9060) days advance notice to of the REINSURER, after the occurrence happening of any of the followingfollowing events:
(1. REINSURER’S Standard and Poor’s Rating ) NASL'S A. M. Best rating is reduced to a “BBB” "C" or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen .
(152) days of the change. Any notice of termination given NASL'S parent company is placed upon a 'Watch list" by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice periodits domiciliary state's insurance regulators;
2. (3) An order is entered appointing a receiver, conservator or trustee for management of REINSURER NASL is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURERNASL;
3(4) NASL is merged, purchased or there is any other material change (in whole or in part) in the ownership of NASL other than is currently contemplated by the following agreement: An agreement and plan of reorganization dated September 5, 1995 among North American Life Assurance Company, NASL, Xxxx Xxxxx Associates, Inc., H. Xxxxxxx Xxxx, A. Xxxxx Xxxxx and NAWL Holding Co., Inc., and an Amalgamation Agreement dated September 15, 1995 between The Manufacturers Life Insurance Company and North American Life Assurance Company;
(5) The Securities and Exchange Commission revokes the licenses of NASL to conduct business. REINSURER’s U.S. GAAP surplus position is reduced NORTH AMERICAN SECURITY LIFE CIGNA REINSURANCE VEN3 DECEMBER 20, 1995
(6) Failure by NASL to 75% or less of its U.S. GAAP surplus position as of December 31pay premium in accordance with Article V and Article VI. If, 2000. The REINSURER must report such a reduction within fifteen during the sixty (1560) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life notice period, the Reinsurer receives all premiums in arrears and ACE Tempest Re DBER surplus position as of December 31all premiums which may become due within the sixty (60) days notice period, 2000 is provided in Schedule H. Any the notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored withdrawn. In the event of termination under this paragraph, this Agreement may be reinstated upon the written consent of the Reinsurer if, at any time within sixty (60) days of termination, NASL pays and the Reinsurer receives all premiums due with interest thereon and payable up to a level higher than 75% the date of its U.S. GAAP surplus position as of December 31, 2000 during reinstatement. (please refer to paragraph J below for the 90 day notice period.interest calculation description)
E. The REINSURER Upon delivery of sixty (60) days written notice to Connecticut General, NASL shall have the option of terminating this Agreement for new business, existing business or both by giving ninety within sixty (9060) days advance written notice to of the CEDING COMPANY after the occurrence happening of any of the followingfollowing events:
(1. The CEDING COMPANY fails ) Connecticut General's A. M. Best rating is reduced to provide timely submissions a "C" or lower;
(2) Connecticut General is placed upon a "watch list" by its domiciliary states's insurance regulators;
(3) An order appointing a receiver, conservator or trustee for management of all Connecticut General is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of Connecticut General;
(4) Connecticut General is merged, purchased or there is any Other material data required change (in whole or in part) in the ownership of Connecticut General;
(5) Failure by Connecticut General to be provided pay reinsurance death benefits in accordance with Schedule GArticle II. If, provided that during the REINSURER’s sixty (60) days notice of termination identifies whether new contractsperiod, existing contracts or both will be terminated and provided further that NASL receives all reinsurance death benefits in arrears, the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATEwithdrawn. In the event that premium due is not paid by of termination under this paragraph, this Agreement may be reinstated upon the REMITTANCE DATEwritten consent of NASL if, at any time within sixty (60) days of termination, the REINSURER Reinsurer pays and NASL receives all reinsurance death benefits due with interest thereon and payable up to the date of reinstatement. (please refer to paragraph J below for the interest calculation description)
F. If this Agreement is terminated for new and existing business, Connecticut General shall be relieved of all liability to NASL for claims incurred following the termination date of this Agreement under such Underlying Annuity Contracts issued by NASL, and
G. If this Agreement is terminated for new business only, Connecticut General will remain liable, after termination, in accordance with the terms and conditions of this Agreement, with respect to all reinsurance effective prior to termination of the Agreement. NORTH AMERICAN SECURITY LIFE CIGNA REINSURANCE VEN3 DECEMBER 20, 1995
H. Both parties shall continue to be entitled to all offset credits provided by Article X up to the effective date of termination.
I. NASL shall not have the right to terminate assign or transfer any portion of the rights, duties and obligations of NASL under the terms and conditions of this agreement by giving ninety (90) days advance notice Agreement without the written approval of termination to Connecticut General.
J. In the CEDING COMPANY. If all premiums event of reinstatement as described in default paragraph D and E above, there will be an interest in accordance with Article IIIcharge at the [*], paragraph F are received by plus [*], determined on the REINSURER within first business day following the ninety (90) end of the 60 day notice period, . The settlement is considered overdue at the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as end of the close of the last day of the ninety (90) 60 day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER period and interest shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed commence from the REMITTANCE DATE until the date paidoverdue date. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERNORTH AMERICAN SECURITY LIFE CIGNA REINSURANCE VEN3 DECEMBER 20, 1995
Appears in 1 contract
Samples: Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-lC-1 and C-2;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after elected to purchase the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTSGuaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTSCONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS ACTIVE CONTRACTs issued by the CEDING COMPANY on the earlier of (i) May 31February 29,, 2004 2008 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds exceed the limit limits provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATEParagraph 4.
C. This Agreement will terminate with respect to each ANNUITY ACTIVE CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM for each ACTIVE CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if REINSURER’s ’S Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period.;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;; Xxxxxxx National New York and ACE Tempest Life Re GMIB 6
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 20002002. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2002 is provided in Schedule H. I. Any notice of termination given by the CEDING COMPANY enabled by due to such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 2002 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. : The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule GH, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if If the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
2. F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance The REINSURER’s notice of termination to must specify whether new contracts, existing ANNUITY CONTRACTS for which the CEDING COMPANYpremium is in default or both will be terminated. If all premiums in default and interest in accordance with Article III, paragraph F Paragraph are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. G. Except as otherwise provided herein, upon termination of this Agreement for existing businessANNUITY CONTRACTs, the REINSURER shall have no reinsurance liability with respect to any such ANNUITY CONTRACTCONTRACTs. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY QUARTERLY REINSURANCE PREMIUMS PREMIUMs earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (a1) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE DATE, as published in the Wall Street Journal; , and (b2) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid[REDACTED]. Xxxxxxx Xxxxx Life National New York and ACE Tempest Life Re DBERGMIB 7
Appears in 1 contract
Samples: Variable Annuity Gmib Reinsurance Agreement (Jnlny Separate Account I)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;x.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY Xxxxxxx Xxxxx and ACE Tempest Re GMDB enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERGMDB
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus Xxxxxxx Xxxxx Life and & ACE Tempest Re DBER surplus EEB 8 position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBEREEB 9
Appears in 1 contract
Samples: Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;; and
(viv) have a RIDER ISSUE DATE elected the Gain Enhancement Benefit on or after the EFFECTIVE DATE and prior to June 30, 2004; said contracts being herein defined as the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTS subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31June 30, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE5.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Poors Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Poors Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if the REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less [REDACTED] of its U.S. GAAP surplus position as of December 31, 20001999. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and surplus Ohio National & ACE Tempest Re DBER surplus GEB 7 position as of December 31, 2000 1999 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by due to such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 1999 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph Paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GEB CLAIMS owed to the CEDING COMPANY, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%[REDACTED]. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and Ohio National & ACE Tempest Re DBERGEB 8
Appears in 1 contract
Samples: Variable Annuity Geb Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS issued by the CEDING COMPANY that:
(i) are identified by contract form in Schedule X-xB-1 and have no optional riders other than those specified in Schedule B-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;; and
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit on or after the EFFECTIVE DATE and prior to March 31, 2008, as described in Schedule A; said contracts being herein defined as the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY on the earlier of (i) May March 31, 2004 2008 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE4.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if the REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;.
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;.
3. The REINSURER’s U.S. GAAP surplus position is reduced to 75% or less [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by due to such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS PREMIUMs earned by the REINSURER, REINSURER under this Agreement Agreement, until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION VALAUTION DATE as published in the Wall Street Journal; and (b) is 1.00%[REDACTED]. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER.
Appears in 1 contract
Samples: Variable Annuity Gmib Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPES identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May December 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds exceed the limit limits provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY paid on an ACTIVE CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATEdate the Agreement ceases to cover new VARIABLE ANNUITY CONTRACTS are unaffected by the limits provided in Schedule C-2, paragraph 3.
C. This Agreement will terminate with respect to each ANNUITY ACTIVE CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM for each ACTIVE CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new businessVARIABLE ANNUITY CONTRACTS, existing businessVARIABLE ANNUITY CONTRACTS, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’S 's Standard and Poor’s 's Rating is reduced to a “"BBB” " or lower. The REINSURER must report any adverse change in Standard and Poor’s 's Rating to the CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s 's Standard and Poor’s 's Rating is restored to a level higher than “"BBB” " during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER
Appears in 1 contract
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;x.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in MLLICNY and ACE Tempest Re GMDB Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its Its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life MLLICNY and ACE Tempest Re DBERGMDB
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Ml of New York Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s ’S notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER
Appears in 1 contract
Samples: Dber Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) (iii) are issued within the limits and rules described in Schedule C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall MLLICNY & ACE Tempest GMIB 7 be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s ’S notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and MLLICNY & ACE Tempest Re DBERGMIB 8
Appears in 1 contract
Samples: Gmib Reinsurance Agreement (Ml of New York Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS issued by the CEDING COMPANY that:
(i) are identified by contract form in Schedule X-xB-1 and have no optional riders other than those specified in Schedule B-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;; and
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit on or after the EFFECTIVE DATE and prior to December 31, 2008, as described in Schedule A; said contracts being herein defined as the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY on the earlier of (i) May December 31, 2004 2008 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE4.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if the REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;.
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;.
3. The REINSURER’s U.S. GAAP surplus position is reduced to 75% or less [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by due to such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS PREMIUMs earned by the REINSURER, REINSURER under this Agreement Agreement, until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION VALAUTION DATE as published in the Wall Street Journal; and (b) is 1.00%[REDACTED]. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER.
Appears in 1 contract
Samples: Variable Annuity Gmib Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall Xxxxxxx Xxxxx & ACE Tempest GMIB 7 be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 31,2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBERGMIB 8
Appears in 1 contract
Samples: Gmib Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account B)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-lC-1;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER GMIB REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERGMIB
Appears in 1 contract
Samples: Gmib Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This The effective date of this Agreement is July 17, 2000. The Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the termination date described in Section B below;
(iv) are issued within the limits and rules described in Schedule C-l;C-1; and
(v) are in compliance incompliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after ; said contracts being herein defined as the EFFECTIVE DATE and prior ANNUITY CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTS subject to the date terms and conditions of this Agreement ceases Agreement, through the TERMINATION DATE, unless terminated pursuant to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTSthe paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31June 30, 2004 2002 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds exceed the limit limits provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY paid on an ACTIVE CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to issue are unaffected by the RIDER ISSUE DATElimits provided in schedule C-2, paragraph 4.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM for each ANNUITY CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S Standard and Poor’s A.M. Best Rating is reduced to a “BBBB” or lower. REINSURER must report any adverse change in Standard and Poor’s A.M Best Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less [REDACTED] of its U.S. GAAP surplus position as of December 31, 20001999. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 1999 is provided in Schedule H. Any J. Ohio National and ACE Tempest Re 8
4. The REINSURER fails to satisfy the INTERIM CLAIM POSITION in accordance with Article VII, provided that the CEDING COMPANY’s notice of termination given by identifies whether new contracts, existing contracts or both will be subject to termination, and provided further than the CEDING COMPANY enabled by such surplus reduction COMPANY’s notice of termination shall be deemed withdrawn if REINSURERthe REINSURER satisfies the INTERIM CLAIM POSITION within 90 days after the date the CEDING COMPANY’s U.S. GAAP surplus position notice of termination is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice periodgiven.
E. The REINSURER shall have the option of terminating this Agreement for new businesscontracts, existing business contracts or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule GI, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. In the event that a premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS reinsurance premiums earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminatedprior to termination. Any net amounts due from either party after termination are subject to a daily an annual interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on as of the preceding MONTHLY VALUATION REMITTANCE DATE as published in the Wall Street Journal; and (b) is 1.00%, plus [REDACTED], applied daily as rate/365. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life Ohio National and ACE Tempest Re DBER9
Appears in 1 contract
Samples: Variable Annuity Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-lC-1 and C-2;
(v) are in compliance with all of the other terms and provisions of this Agreement;; and
(vi) have a RIDER ISSUE DATE on or after elected to purchase the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTSGuaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTSCONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS ACTIVE CONTRACTs issued by the CEDING COMPANY on the earlier of (i) May 31February 29, 2004 2008 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds exceed the limit limits provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATEParagraph 4.
C. This Agreement will terminate with respect to each ANNUITY ACTIVE CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM for each ACTIVE CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if the REINSURER’s ’S Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER;; Xxxxxxx National and ACE Tempest Re GMIB 6
3. The REINSURER’s U.S. GAAP surplus position is reduced to 75% [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. I. Any notice of termination given by the CEDING COMPANY enabled by due to such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. : The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if H. If the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
2. F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance The REINSURER’s notice of termination to must specify whether new contracts, existing ANNUITY CONTRACTS for which the CEDING COMPANYpremium is in default or both will be terminated. If all premiums in default and interest in accordance with Article III, paragraph F Paragraph G are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. G. Except as otherwise provided herein, upon termination of this Agreement for existing businessANNUITY CONTRACTS, the REINSURER shall have no reinsurance liability with respect to any such ANNUITY CONTRACTCONTRACTs. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY QUARTERLY REINSURANCE PREMIUMS PREMIUMs earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (a1) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE DATE, as published in the Wall Street Journal; , and (b2) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid[REDACTED]. Xxxxxxx Xxxxx Life National and ACE Tempest Re DBERGMIB 7
Appears in 1 contract
Samples: Variable Annuity Gmib Reinsurance Agreement (Jackson National Separate Account - I)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are among the GMDB TYPES identified by form in Schedule X-xA;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2B;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(iv) are ACTIVE CONTRACTS on the EFFECTIVE DATE;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease Subject to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31paragraphs C, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2D and F below, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of on the TERMINATION DATE.
D. C. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving with ninety (90) days advance written notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’S 's Standard and Poor’s 's Claim Paying Rating is reduced to a “"BBB” " or lower. The REINSURER must report any adverse change in Standard and Poor’s 's Claim Paying Rating to the CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if the REINSURER’s 's Standard and Poor’s 's Rating is restored to a level higher than “"BBB” " during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER;
3. The REINSURER’s 's U.S. GAAP surplus position is reduced to 7570% or less of the value of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER 's surplus position as of December 31, 2000 2001 is provided in Schedule H. I. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s 's U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. D. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving with ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule GH. The REINSURER must provide the CEDING COMPANY with Notice of Termination. If, provided that during the REINSURER’s notice of termination identifies whether new contractsninety (90) days following this notification, existing contracts or both will be terminated and provided further that the REINSURER’s REINSURER receives all data submissions in arrears, the notice of termination shall be deemed withdrawn if withdrawn. If the CEDING COMPANYCOMPANY fails to provide the submission of data in accordance with Schedule H as of the close of the last day of this ninety (90) day notice period, within 90 days after the date the REINSURER’s notice of termination is given, provides to 's liability for all risks reinsured associated with the REINSURER all withheld data submissions then in arrearsunder this Agreement will terminate.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is the premiums are not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance written notice of termination to the CEDING COMPANY. If all premiums in default and interest owed in accordance with Article III, paragraph F E are received by the REINSURER within the ninety (90) day notice time period, the Agreement will remain in effect and the notice of termination shall be deemed withdrawn. If premium remains premiums remain in default as of the close of the last day of the this ninety (90) day notice period, the REINSURER’S 's liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. E. Except as otherwise provided herein, upon termination of this Agreement for existing businessAgreement, the REINSURER shall have no reinsurance liability with respect to any VARIABLE ANNUITY CONTRACT. Notwithstanding Not withstanding termination of reinsurance as provided herein, the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid reinsurance premiums earned by the REINSURER under this Agreement and the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS and owed to the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminatedAgreement. Any net Such amounts due from owed by either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (a) and (b), where (a) is the 3 3-month LIBOR rate on as of the preceding most recent MONTHLY VALUATION DATE DATE, as published in the Wall Street Journal; , and (b) is 1.00%.
F. The CEDING COMPANY may recapture all ACTIVE CONTRACTS under this Agreement prior to the TERMINATION DATE if (a) the EXPERIENCE REFUND ACCOUNT, measured on the most recent ANNUAL VALUATION DATE; is a positive value and (b) the sum of the NET AMOUNT AT RISK for all ACTIVE CONTRACTS is less than $750 million on the most recent ANNUAL VALUATION DATE; and (c) the most recent ANNUAL VALUATION DATE is after December 1, 2005. Interest Such recapture is assessed effective on the third MONTHLY VALUATION DATE following written notification from the CEDING COMPANY to the REINSURER.
G. At the time that recapture is elected by the CEDING COMPANY under the conditions described in paragraph F, a Recapture Fee will be payable from the CEDING COMPANY to the REINSURER. The Recapture Fee will be calculated as follows: First determine the greater of $500,000 or the MONTHLY REINSURANCE PREMIUM calculated on the MONTHLY VALUATION DATE immediately following the date that the REINSURER receives written notification from the CEDING COMPANY of its irrevocable intent to recapture. This figure will be divided by 60 and multiplied by the number of months between the MONTHLY VALUATION DATE immediately following the date that the REINSURER receives such notification and November 30, 2012. The resulting amount will be the Recapture Fee which is payable from the CEDING COMPANY to the REINSURER on the REMITTANCE DATE until immediately following the MONTHLY VALUATION DATE immediately following the date paidthat the REINSURER receives such notification.
H. In addition to the right of recapture in paragraph F, the CEDING COMPANY may recapture this Agreement on June 30, 2003 upon 60 days prior written notice to the REINSURER. Xxxxxxx Xxxxx Life Such notice of recapture, once given, is irrevocable. In the event of recapture under this paragraph, June 30, 2003 shall be the TERMINATION DATE of this Agreement.
I. If the CEDING COMPANY recaptures this Agreement under paragraph H and ACE Tempest Re DBERif the EXPERIENCE REFUND ACCOUNT, at the time that the amended final statement of account is produced by the CEDING COMPANY in accordance with Article VI, Paragraph F, is a negative value, the CEDING COMPANY shall pay such negative amount to the REINSURER. Any such payment shall be included in the final statement of account and amended final statement of account as described in Article VI, paragraphs E and F.
J. If the CEDING COMPANY recaptures this Agreement under paragraph H and if the EXPERIENCE REFUND ACCOUNT, at the time that the amended final statement of account is produced by the CEDING COMPANY in accordance with Article VI, Paragraph F, is a positive value, no experience refund shall be payable to the CEDING COMPANY by the REINSURER.
K. If the CEDING COMPANY recaptures this Agreement under paragraph H, no Recapture Fee as described in paragraph G is payable by the CEDING COMPANY to the REINSURER.
Appears in 1 contract
Samples: Variable Annuity GMDB Reinsurance Agreement (Separate Account Kg of First Allmerica Fin Life Ins Co)
Effective Date Term and Termination. A. This Business covered by this Agreement covers includes individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by contract form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on one of the guaranteed minimum income benefit riders specified in Schedule X-xB-1;
(iii) have one of the guaranteed minimum death benefit riders specified in Schedule B-1;
(iv) have no optional riders other than those specified in Schedule B-1;
(v) have accounts invested only in the investment funds listed in Schedule B-2;
(ivvi) are issued on or after July 1, 2005 but prior to the date this Agreement ceases to cover new ANNUITY CONTRACTs;
(vii) are issued within the limits and rules described in Schedule C-lC-1;
(vviii) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE Agreement and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTSSchedules; and
(viiix) are ACTIVE CONTRACTSCONTRACTs. Said contracts being herein defined as the ANNUITY CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover new ANNUITY CONTRACTS CONTRACTs issued by b the CEDING COMPANY on the earlier of (i) May March 31, 2004 2008 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds exceed the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY paid on an ACTIVE CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to issue are unaffected by the RIDER ISSUE DATElimit provided in schedule C-2, paragraph 4.
C. This Unless terminated earlier, this Agreement will terminate with respect to each ANNUITY CONTRACT subject to itcovered hereunder, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after upon the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any such adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if the REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide any timely submissions submission of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. In the event that a premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, with interest calculated in accordance with the rate provided in paragraph F of this Article, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS reinsurance premiums earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminatedprior to termination. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (a1) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE DATE, as published in the Wall Street Journal; , and (b2) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER[REDACTED].
Appears in 1 contract
Samples: Variable Annuity GMDB Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;x.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s ’S Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY Xxxxxxx Xxxxx and ACE Tempest Re GMDB enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERGMDB
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a Xxxxxxx Xxxxx & ACE Tempest GMDB 7 level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBERGMDB 8
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;B-1.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-lC-1;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in MLLICNY and ACE Tempest Re GMDB Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life MLLICNY and ACE Tempest Re DBERGMDB
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Ml of New York Variable Annuity Separate Account A)
Effective Date Term and Termination. A. The effective date of this Agreement is JULY 1, 1995. This Agreement covers individual ANNUITY CONTRACTS issued remains effective for all annuity contracts subject to this Agreement written by NASL through JUNE 30, 1998, unless terminated pursuant to the CEDING COMPANY thatparagraphs listed below:
B. Either Connecticut General or NASL shall have the option of terminating this agreement with one hundred and eighty (i180) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of days written notice to the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE party for new business anytime on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31June 30, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE1998.
C. This Agreement will terminate Once each calendar year, NASL shall have the option to recapture existing contracts beginning with respect the fifteenth (15) anniversary of their reinsurance hereunder. If NASL elects to each ANNUITY CONTRACT subject to itrecapture, as 1/3 of the TERMINATION DATEcontracts can be recaptured in the first year eligible, 1/2 of the remaining contracts can be recaptured in the second year, and the balance of the contracts can be recaptured in the third year. Recapture must be made on an issue year basis beginning with the earliest issue year. Recapture cannot occur on contracts with later issue years until all contracts with earlier issue dates have been recaptured.
D. The CEDING COMPANY Upon delivery of sixty (60) days written notice to NASL, Connecticut General shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety business within sixty (9060) days advance notice to of the REINSURER, after the occurrence happening of any of the followingfollowing events:
(1. REINSURER’S Standard and Poor’s Rating ) NASL'S A. M. Best rating is reduced to a “BBB” "C" or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen .
(152) days of the change. Any notice of termination given NASL'S parent company is placed upon a "watch list" by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice periodits domiciliary state's insurance regulators;
2. (3) An order is entered appointing a receiver, conservator or trustee for management of REINSURER NASL is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURERNASL;
3. REINSURER’s U.S. GAAP surplus position (4) NASL is reduced to 75% merged, purchased or less there is any other material change (in whole or in part) in the ownership of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 NASL other than is provided in Schedule H. Any notice of termination given currently contemplated by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored following agreement: An agreement and plan of reorganization dated September 5, 1995 among North American Life Assurance Company, NASL, Wood Xxxxx Xxxociates, Inc., H. Dougxxx Xxxx, X. Scotx Xxxxx xxx NAWL Holding Co., Inc., and an Amalgamation Agreement dated September 15, 1995 between The Manufacturers Life Insurance Company and North American Life Assurance Company;
(5) The Securities and Exchange Commission revokes the licenses of NASL to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice periodconduct business.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER
Appears in 1 contract
Effective Date Term and Termination. A. This Business covered by this Agreement covers includes individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by contract form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on one of the guaranteed minimum income benefit riders specified in Schedule X-xB-1;
(iii) have one of the guaranteed minimum death benefit riders specified in Schedule B-1;
(iv) have no optional riders other than those specified in Schedule B-1;
(v) have accounts invested only in the investment funds listed in Schedule B-2;
(ivvi) are issued on or after July 1, 2005 but prior to the date this Agreement ceases to cover new ANNUITY CONTRACTs;
(vii) are issued within the limits and rules described in Schedule C-lC-1;
(vviii) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE Agreement and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTSSchedules; and
(viiix) are ACTIVE CONTRACTSCONTRACTs. Said contracts being herein defined as the ANNUITY CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover new ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY on the earlier of (i) May December 31, 2004 2008 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds exceed the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY paid on an ACTIVE CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to issue are unaffected by the RIDER ISSUE DATE.limit provided in schedule C-2, paragraph 4. Ohio National — ACE Tempest Re GMDB 2006 Treaty 6
C. This Unless terminated earlier, this Agreement will terminate with respect to each ANNUITY CONTRACT subject to itcovered hereunder, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after upon the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any such adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if the REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide any timely submissions submission of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. In the event that a premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, with interest calculated in accordance with the rate provided in paragraph F of this Article, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS reinsurance premiums earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminatedprior to termination. Any net Ohio National — ACE Tempest Re GMDB 2006 Treaty 7 amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (a1) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE DATE, as published in the Wall Street Journal; , and (b2) is 1.00%[REDACTED]. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and Ohio National — ACE Tempest Re DBERGMDB 2006 Treaty 8
Appears in 1 contract
Samples: Variable Annuity GMDB Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule X-xB-1;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-lC-1;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER GMIB REINSURER’S surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERGMIB
Appears in 1 contract
Samples: Gmib Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus Xxxxxxx Xxxxx Life and & ACE Tempest Re DBER surplus EEB 8 position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBEREEB 9
Appears in 1 contract
Samples: Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPES identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates;
(iv) are issued within the limits and rules described in Schedule C-lC-1;
(v) are in compliance with all of the other terms and provisions of this Agreement;; and
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May December 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds exceed the limit limits provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY paid on an ACTIVE CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATEdate this Agreement ceases to cover new VARIABLE ANNUITY CONTRACTS are unaffected by the limits provided in Schedule C-2, paragraph 3.
C. This Agreement will terminate with respect to each ANNUITY ACTIVE CONTRACT subject to it, as of the TERMINATION DATElast day of the REINSURANCE TERM for each ACTIVE CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new businessVARIABLE ANNUITY CONTRACTS, existing businessVARIABLE ANNUITY CONTRACTS, or both, by giving with ninety (90) days advance written notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’S 's Standard and Poor’s 's Claim Paying Rating is reduced to a “"BBB” " or lower. The REINSURER must report any adverse change in its Standard and Poor’s 's Claim Paying Rating to the CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by Manufacturers Life and ACE Tempest Re GEM such rating reduction shall be deemed withdrawn if REINSURER’s the REINSURERS's Standard and Poor’s 's Rating is restored to a level higher than “"BBB” " during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER;.
3. The REINSURER’s 's U.S. GAAP surplus position is reduced to 7570% or less of the value of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER 's surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s 's U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new businessVARIABLE ANNUITY CONTRACTS, existing business VARIABLE ANNUITY CONTRACTS or both by giving with ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule GG. The REINSURER must provide CEDING COMPANY with Notice of Termination, provided that the REINSURER’s notice of termination identifies identifying whether new contractsbusiness, existing contracts business or both will be terminated and provided further that subject to termination. If, during the REINSURER’s ninety (90) days following this notification, the REINSURER receives all data submissions in arrears, the notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrearswithdrawn.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is the premiums are not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement Agreement by giving ninety (90) days advance written notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice time period, the this Agreement will remain in effect and the notice of termination shall be deemed withdrawn. If premium remains Premiums remain in default as of the close of the last day of the this ninety (90) day notice period, the REINSURER’S 's liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any VARIABLE ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS reinsurance premiums earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminatedAgreement. Any net amounts due from either party after termination Such premiums are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx The daily interest rate is equal to [*] times the sum of (1) [*] Manufacturers Life and ACE Tempest Re DBERGEM [*], and (2) [*].
Appears in 1 contract
Samples: Variable Annuity Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a MLLICNY & ACE Tempest GMDB 7 level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 31,2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and MLLICNY & ACE Tempest Re DBERGMDB 8
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Ml of New York Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER
Appears in 1 contract
Samples: Gmib Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;; and
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit on or after the EFFECTIVE DATE and prior to May 31, 2007, as described in Schedule A; said contracts being herein defined as the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTS subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 2007 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE4.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by due to such rating reduction shall be deemed withdrawn if the REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by due to such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s ’S notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION VALAUTION DATE as published in the Wall Street Journal; and (b) is 1.00%[REDACTED]. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life Effective November 9, 2005, this Amendment is hereby attached to and ACE Tempest Re DBERbecomes a part of the above-described Reinsurance Agreement. It is mutually agreed that the Agreement will be updated to include two new funds. To effect this change, the following provision of this Agreement is hereby amended: • Schedule B-2, Subaccounts Subject to this Reinsurance Agreement, Amendment #5, is hereby replaced by the attached Schedule B-2. By: Name: Title: Date: By: Name: Title: Date: Effective May 1, 2006, this Amendment is hereby attached to and becomes a part of the above-described Reinsurance Agreement. It is mutually agreed that the Agreement will be amended to update the investment funds. To effect this change, the following provision of this Agreement is hereby amended: • Schedule B-2, Subaccounts Subject to this Reinsurance Agreement, Amendment #6, is hereby replaced by the attached Schedule B-2. By: Name: Title: Date: By: Name: Title: Date: Effective January 1, 2006, this Amendment is hereby attached to and becomes a part of the above-described Reinsurance Agreement. It is mutually agreed that the Agreement will be amended to change the claim limits, to extend the date for new cessions, to increase the Agreement’s capacity, and to add new riders. To effect these changes, the following provisions of this Agreement are hereby amended: • Article I, DEFINITIONS, including definition of REINSURANCE TERM in amendment #5, is hereby replaced by the attached Article I.
Appears in 1 contract
Samples: Variable Annuity Gmib Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are among the GMDB TYPES identified by form in Schedule X-xA;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2B;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(iv) are ACTIVE CONTRACTS on the EFFECTIVE DATE;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease Subject to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31paragraphs C, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2D and F below, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of on the TERMINATION DATE.
D. C. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving with ninety (90) days advance written notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’S 's Standard and Poor’s 's Claim Paying Rating is reduced to a “"BBB” " or lower. The REINSURER must report any adverse change in Standard and Poor’s 's Claim Paying Rating to the CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if the REINSURER’s 's Standard and Poor’s 's Rating is restored to a level higher than “"BBB” " during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER;
3. The REINSURER’s 's U.S. GAAP surplus position is reduced to 7570% or less of the value of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER 's surplus position as of December 31, 2000 2001 is provided in Schedule H. I. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s 's U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. D. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving with ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule GH. The REINSURER must provide the CEDING COMPANY with Notice of Termination. If, provided that during the REINSURER’s notice of termination identifies whether new contractsninety (90) days following this notification, existing contracts or both will be terminated and provided further that the REINSURER’s REINSURER receives all data submissions in arrears, the notice of termination shall be deemed withdrawn if withdrawn. If the CEDING COMPANYCOMPANY fails to provide the submission of data in accordance with Schedule H as of the close of the last day of this ninety (90) day notice period, within 90 days after the date the REINSURER’s notice of termination is given, provides to 's liability for all risks reinsured associated with the REINSURER all withheld data submissions then in arrearsunder this Agreement will terminate.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is the premiums are not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance written notice of termination to the CEDING COMPANY. If all premiums in default and interest owed in accordance with Article III, paragraph F E are received by the REINSURER within the ninety (90) day notice time period, the Agreement will remain in effect and the notice of termination shall be deemed withdrawn. If premium remains premiums remain in default as of the close of the last day of the this ninety (90) day notice period, the REINSURER’S 's liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. E. Except as otherwise provided herein, upon termination of this Agreement for existing businessAgreement, the REINSURER shall have no reinsurance liability with respect to any VARIABLE ANNUITY CONTRACT. Notwithstanding Not withstanding termination of reinsurance as provided herein, the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid reinsurance premiums earned by the REINSURER under this Agreement and the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS and owed to the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminatedAgreement. Any net Such amounts due from owed by either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (a) and (b), where (a) is the 3 3-month LIBOR rate on as of the preceding most recent MONTHLY VALUATION DATE DATE, as published in the Wall Street Journal; , and (b) is 1.00%.
F. The CEDING COMPANY may recapture all ACTIVE CONTRACTS under this Agreement prior to the TERMINATION DATE if (a) the EXPERIENCE REFUND ACCOUNT, measured on the most recent ANNUAL VALUATION DATE; is a positive value and (b) the sum of the NET AMOUNT AT RISK for all ACTIVE CONTRACTS is less than $750 million on the most recent ANNUAL VALUATION DATE; and (c) the most recent ANNUAL VALUATION DATE is after December 1, 2005. Interest Such recapture is assessed effective on the third MONTHLY VALUATION DATE following written notification from the CEDING COMPANY to the REINSURER.
G. At the time that recapture is elected by the CEDING COMPANY under the conditions described in paragraph F, a Recapture Fee will be payable from the CEDING COMPANY to the REINSURER. The Recapture Fee will be calculated as follows: First determine the greater of $500,000 or the MONTHLY REINSURANCE PREMIUM calculated on the MONTHLY VALUATION DATE immediately following the date that the REINSURER receives written notification from the CEDING COMPANY of its irrevocable intent to recapture. This figure will be divided by 60 and multiplied by the number of months between the MONTHLY VALUATION DATE immediately following the date that the REINSURER receives such notification and November 30, 2012. The resulting amount will be the Recapture Fee which is payable from the CEDING COMPANY to the REINSURER on the REMITTANCE DATE until immediately following the MONTHLY VALUATION DATE immediately following the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERthat the REINSURER receives such notification.
Appears in 1 contract
Samples: Reinsurance Agreement (Separate Account Kg of First Allmerica Fin Life Ins Co)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBER
Appears in 1 contract
Samples: Dber Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account B)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall Xxxxxxx Xxxxx & ACE Tempest GMIB 7 be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBERGMIB 8
Appears in 1 contract
Samples: Gmib Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus Xxxxxxx Xxxxx Life and & ACE Tempest Re DBER surplus EEB 8 position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and & ACE Tempest Re DBEREEB 9
Appears in 1 contract
Samples: Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule XB-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;; and
(viv) have a RIDER ISSUE DATE elected the Guaranteed Minimum Income Benefit on or after the EFFECTIVE DATE and prior to March 31, 2005, as described in Schedule A; said contracts being herein defined as the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTS subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will cease to cover terminate for new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May March 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE4.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATElast date of the REINSURANCE TERM.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S Standard and Poor’s A.M. Best Rating is reduced to a “BBBB” or lower. REINSURER must report any adverse change in Standard and Poor’s A.M. Best Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.Ohio National & ACE Tempest GMIB 7
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. If premium remains in default as As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED ADJUSTED GMIB CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%[REDACTED]. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and Ohio National & ACE Tempest Re DBERGMIB 8
Appears in 1 contract
Samples: Variable Annuity Gmib Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTS CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule X-xB-1;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iviii) are issued within the limits and rules described in Schedule C-lC-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(viv) have a RIDER ISSUE DATE are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May October 31, 2004 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’S ’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 7570% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a MLLICNY & ACE Tempest GMDB 7 level higher than 7570% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule G, provided that the REINSURER’s ’S notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s ’S notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s ’S notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination to the CEDING COMPANY. If all premiums in default and interest in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. Xxxxxxx Xxxxx Life and MLLICNY & ACE Tempest Re DBERGMDB 8
Appears in 1 contract
Samples: GMDB Reinsurance Agreement (Ml of New York Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY that:
(i) are among the GMDB TYPES identified by form in Schedule X-xA;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed described in Schedule B-2B;
(iii) are ACTIVE CONTRACTS on the EFFECTIVE DATE;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease Subject to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31paragraphs C, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2D and F below, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of on the TERMINATION DATE.
D. C. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving with ninety (90) days advance written notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’S Standard and Poor’s 's A.M. Best Claim Paying Rating is reduced to a “BBB” "B" or lower. The REINSURER must report any adverse change in Standard and Poor’s A.M. Best Rating to the CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life and ACE Tempest Re DBER surplus position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. D. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving with ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following:
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule GH. The REINSURER must provide the CEDING COMPANY with Notice of Termination. If, provided that during the REINSURER’s notice of termination identifies whether new contractsninety (90) days following this notification, existing contracts or both the REINSURER receives all data submissions in arrears, this Agreement will be terminated remain in effect and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if withdrawn. If the CEDING COMPANYCOMPANY fails to provide the submission of data in accordance with Schedule H as of the close of the last day of this ninety (90) day notice period, within 90 days after the date the REINSURER’s notice of termination is given, provides to 's liability for all risks reinsured associated with the REINSURER all withheld data submissions then in arrearsunder this Agreement will terminate.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATE. In the event that premium due is the premiums are not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance written notice of termination to the CEDING COMPANY. If all premiums in default and interest owed in accordance with Article III, paragraph F are received by the REINSURER within the ninety (90) day notice time period, the this Agreement will remain in effect and the notice of termination shall be deemed withdrawn. If premium remains premiums remain in default as of the close of the last day of the this ninety (90) day notice period, the REINSURER’S 's liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. E. Except as otherwise provided herein, upon termination of this Agreement for existing businessAgreement, the REINSURER shall have no reinsurance liability with respect to any VARIABLE ANNUITY CONTRACTCONTRACTS. Notwithstanding Not withstanding termination of reinsurance as provided herein, the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid reinsurance premiums earned by the REINSURER under this Agreement and the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED GMDB CLAIMS and owed to the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminatedAgreement. Any net Such amounts due from owed by either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (a) and (b), where (a) is the 3 3-month LIBOR rate on as of the preceding most recent MONTHLY VALUATION DATE DATE, as published in the Wall Street Journal, and (b) 1.00%.
F. The CEDING COMPANY may recapture all ACTIVE CONTRACTS under this Agreement prior to the TERMINATION DATE if (a) the AGGREGATE GMDB CLAIMS do not exceed the AGGREGATE REINSURANCE BASE PREMIUMS times 0.92, measured on the most recent ANNUAL VALUATION DATE; and (b) the sum of the NET AMOUNT AT RISK for all ACTIVE CONTRACTS is 1.00%less than $750 million on the most recent ANNUAL VALUATION DATE; and (c) the most recent ANNUAL VALUATION DATE is after December 1, 2005. Interest Such recapture is assessed effective on the third MONTHLY VALUATION DATE following written notification from the REMITTANCE DATE until CEDING COMPANY to the date paid. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERREINSURER.
Appears in 1 contract
Samples: Variable Annuity GMDB Reinsurance Agreement (Separate Account Kg of First Allmerica Fin Life Ins Co)
Effective Date Term and Termination. A. The effective date of this Agreement is JULY 1, 1995. This Agreement covers individual ANNUITY CONTRACTS issued remains effective for all annuity contracts subject to this Agreement written by NASL through JUNE 30, 1998, unless terminated pursuant to the CEDING COMPANY thatparagraphs listed below:
B. Either Connecticut General or NASL shall have the option of terminating this agreement with one hundred and eighty (i180) are identified by form in Schedule X-x;
(ii) have elected no optional rider forms for which a retail fee is assessed other than those forms listed on Schedule X-x;
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iv) are issued within the limits and rules described in Schedule C-l;
(v) are in compliance with all of days written notice to the other terms and provisions of this Agreement;
(vi) have a RIDER ISSUE DATE party for new business anytime on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31June 30, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE1998.
C. This Agreement will terminate Once each calendar year, NASL shall have the option to recapture existing contracts beginning with respect the [*] anniversary of their reinsurance hereunder. If NASL elects to each ANNUITY CONTRACT subject to itrecapture, as [*] of the TERMINATION DATEcontracts can be recaptured in the first year eligible, [*] of the remaining contracts can be recaptured in the second year, and the balance of the contracts can be recaptured in the third year. Recapture must be made on an issue year basis beginning with the earliest issue year. Recapture cannot occur on contracts with later issue years until all contracts with earlier issue dates have been recaptured.
D. The CEDING COMPANY Upon delivery of sixty (60) days written notice to NASL, Connecticut General shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety business within sixty (9060) days advance notice to of the REINSURER, after the occurrence happening of any of the followingfollowing events:
(1. REINSURER’S Standard and Poor’s Rating ) NASL'S A. M. Best rating is reduced to a “BBB” "C" or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen .
(152) days of the change. Any notice of termination given NASL'S parent company is placed upon a "watch list" by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice periodits domiciliary state's insurance regulators;
2. (3) An order is entered appointing a receiver, conservator or trustee for management of REINSURER NASL is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURERNASL;
3(4) NASL is merged, purchased or there is any other material change (in whole or in part in the ownership of NASL other than is currently contemplated by the following agreement: An agreement and plan of reorganization dated September 5, 1995 among North American Life Assurance Company, NASL, Xxxx Xxxxx Associates, Inc., H. Xxxxxxx Xxxx, A. Xxxxx Xxxxx and NAWL Holding Co., Inc., and an Amalgamation Agreement dated September 15, 1995 between The Manufacturers Life Insurance Company and North American Life Assurance Company; NORTH AMERICAN SECURITY LIFE CIGNA REINSURANCE VEN 20, 21, 22, 23 DECEMBER 20, 1995
(5) The Securities and Exchange Commission revokes the licenses of NASL to conduct business.
(6) Failure by NASL to pay premium in accordance with Article V and Article VI. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31If, 2000. The REINSURER must report such a reduction within fifteen during the sixty (1560) days after it occurs. The REINSURER’s Xxxxxxx Xxxxx Life notice period, the Reinsurer receives all premiums in arrears and ACE Tempest Re DBER surplus position as of December 31all premiums which may become due within the sixty (60) days notice period, 2000 is provided in Schedule H. Any the notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored withdrawn. In the event of termination under this paragraph, this Agreement may be reinstated upon the written consent of the Reinsurer if, at any time within sixty (60) days of termination, NASL pays and the Reinsurer receives all premiums due with interest thereon and payable up to a level higher than 75% the date of its U.S. GAAP surplus position as of December 31, 2000 during reinstatement. (Please refer to paragraph J below for the 90 day notice period.interest calculation description)
E. The REINSURER Upon delivery of sixty (60) days written notice to Connecticut General, NASL shall have the option of terminating this Agreement for new business, existing business or both by giving ninety within sixty (9060) days advance written notice to of the CEDING COMPANY after the occurrence happening of any of the followingfollowing events:
(1. The CEDING COMPANY fails ) Connecticut General's A. M. Best rating is reduced to provide timely submissions a "C" or lower;
(2) Connecticut General is placed upon a "watch list" by its domiciliary state's insurance regulators;
(3) An order appointing a receiver, conservator or trustee for management of all Connecticut General is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of Connecticut General;
(4) Connecticut General is merged, purchased or there is any other material data required change (in whole or in part) in the ownership of Connecticut General;
(5) Failure by Connecticut General to be provided pay reinsurance death benefits in accordance with Schedule GArticle II. If, provided that during the REINSURER’s sixty (60) days notice of termination identifies whether new contractsperiod, existing contracts or both will be terminated and provided further that NASL receives all reinsurance death benefits in arrears, the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears.
2. The CEDING COMPANY fails to pay premium due on or before the REMITTANCE DATEwithdrawn. In the event that premium due is not paid by of termination under this paragraph, this Agreement may be reinstated upon the REMITTANCE DATEwritten consent of NASL if, at any time within sixty (60) days of termination, the REINSURER Reinsurer pays and NASL receives all reinsurance death benefits due with interest thereon and payable up to the date of reinstatement. (Please refer to paragraph J below for the interest calculation description)
F. If this Agreement is terminated for new and existing business, Connecticut General shall be relieved of all liability to NASL for claims incurred following the termination date of this Agreement under such Underlying Annuity Contracts issued by NASL, and NORTH AMERICAN SECURITY LIFE CIGNA REINSURANCE VEN 20, 21, 22, 23 DECEMBER 20, 1995
G. If this Agreement is terminated for new business only, Connecticut General will remain liable, after termination, in accordance with the terms and conditions of this Agreement, with respect to all reinsurance effective prior to termination of the Agreement.
H. Both parties shall continue to be entitled to all offset credits provided by Article X up to the effective date of termination.
I. NASL shall not have the right to terminate assign or transfer any portion of the rights, duties and obligations of NASL under the terms and conditions of this agreement by giving ninety (90) days advance notice Agreement without the written approval of termination to Connecticut General.
J. In the CEDING COMPANY. If all premiums event of reinstatement as described in default paragraph D and E above, there will be an interest in accordance with Article IIIcharge at the [*], paragraph F are received by plus [*] determined on the REINSURER within first business day following the ninety (90) end of the 60 day notice period, . The settlement is considered overdue at the Agreement will remain in effect and the notice of termination deemed withdrawn. If premium remains in default as end of the close of the last day of the ninety (90) 60 day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
F. Except as otherwise provided herein, upon termination of this Agreement for existing business, the REINSURER period and interest shall have no reinsurance liability with respect to any ANNUITY CONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid MONTHLY REINSURANCE PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge equal to 1/365 times the sum of (a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE as published in the Wall Street Journal; and (b) is 1.00%. Interest is assessed commence from the REMITTANCE DATE until the date paidoverdue date. Xxxxxxx Xxxxx Life and ACE Tempest Re DBERNORTH AMERICAN SECURITY LIFE CIGNA REINSURANCE VEN 20, 21, 22, 23 DECEMBER 20, 1995
Appears in 1 contract
Samples: Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)
