Material Regulatory Matters. (i) If an Insurance Subsidiary shall not make a scheduled payment of interest or principal on any surplus note or similar form of subordinated indebtedness (due to actions of any Governmental Authority or otherwise), (ii) if at any time an Insurance Subsidiary's ability to pay fees to its Affiliates under existing agreements (or extensions of existing agreements) shall be restricted due to actions of any Governmental Authority or otherwise or (iii) if in any Fiscal Year, an Insurance Subsidiary's ability to pay dividends to its stockholders is restricted in any manner (due to actions of any Governmental Authority or otherwise), other than by restrictions under the insurance law of the Insurance Subsidiary's state of domicile that apply generally to other insurance companies domiciled in the state, and, in the case of clauses (i) through (iii) above, such event or condition (x) was not in effect as of the date hereof and (y) such event or condition, together with all other such events or conditions, could reasonably be expected to have a Material Adverse Effect; or
Appears in 6 contracts
Samples: Credit Agreement (Conseco Inc), Agreement (Conseco Inc), Agreement (Conseco Inc)
Material Regulatory Matters. At any time the Financial Strength Rating Condition is not satisfied, (i) If an any Insurance Subsidiary shall not make a scheduled payment of interest or principal on any surplus note or similar form of subordinated indebtedness (due to actions of any Governmental Authority or otherwise), (ii) if at any time an Insurance Subsidiary's ’s ability to pay fees to its Affiliates under existing agreements (or extensions of existing agreements) shall be restricted (due to actions of any Governmental Authority or otherwise otherwise) or (iii) if in any Fiscal Year, an Insurance Subsidiary's ’s ability to pay dividends to its stockholders is restricted in any manner (due to actions of any Governmental Authority or otherwise), other than by restrictions under the insurance law of the Insurance Subsidiary's state of domicile relating to dividends that apply generally to other insurance companies domiciled in the Insurance Subsidiary’s state of domicile under the insurance law of the state, and, and (1) in the case cases of clauses (i) through (iii) above, such event or condition (x) was not in effect as of the date hereof and (y) such event or condition, together with all other such events or conditions, could reasonably be expected to have a Material Adverse EffectEffect and (2) in each case, such event or condition was not in effect as of the date hereof; or
Appears in 3 contracts
Samples: Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.)
Material Regulatory Matters. At any time either (x) the Debt to Total Capitalization Ratio is greater than 20% or (y) the Financial Strength Rating Condition is not satisfied, and (i) If an any Insurance Subsidiary shall not make a scheduled payment of interest or principal on any surplus note or similar form of subordinated indebtedness (due to actions of any Governmental Authority or otherwise), (ii) if at any time an Insurance Subsidiary's ability to pay fees to its Affiliates under existing agreements (or extensions of existing agreements) shall be restricted (due to actions of any Governmental Authority or otherwise otherwise) or (iii) if in any Fiscal Year, an Insurance Subsidiary's ability to pay dividends to its stockholders is restricted in any manner (due to actions of any Governmental Authority or otherwise), other than by restrictions under the insurance law of the Insurance Subsidiary's state of domicile relating to dividends that apply generally to other insurance companies domiciled in the Insurance Subsidiary's state of domicile under the insurance law of the state, and, and (x) in the case cases of clauses (i) through (iii) above, such event or condition (x) was not in effect as of the date hereof and (y) such event or condition, together with all other such events or conditions, could reasonably be expected to have a Material Adverse EffectEffect and (y) in each case, such event or condition was not in effect as of the date hereof; or
Appears in 2 contracts
Samples: Credit Agreement (Conseco Inc), Credit Agreement (Conseco Inc)
Material Regulatory Matters. (i) If an Any Insurance Subsidiary shall not make a scheduled payment of interest or principal on any surplus note or similar form of subordinated indebtedness (due to actions (as opposed to any inaction) of any Governmental Authority or otherwiseAuthority), (ii) if at any time an Insurance Subsidiary's ’s ability to pay fees to its Affiliates under existing agreements (or extensions of existing agreements) shall be restricted (due to actions (as opposed to any inaction) of any Governmental Authority or otherwise Authority) or (iii) if in any Fiscal Year, an Insurance Subsidiary's ’s ability to pay dividends to its stockholders is restricted in any manner (due to actions (as opposed to any inaction) of any Governmental Authority or otherwiseAuthority), other than by restrictions under the insurance law of the Insurance Subsidiary's state of domicile relating to dividends that apply generally to other insurance companies domiciled in the Insurance Subsidiary’s state of domicile under the insurance law of the state, and, and (1) in the case cases of clauses subclauses (i) through (iii) above, such event or condition (x) was not in effect as of the date hereof and (y) such event or condition, together with all other such events or conditions, could would reasonably be expected to have a Material Adverse EffectEffect and (2) in each case, such event or condition was not in effect as of the date hereof; or
Appears in 2 contracts
Samples: Credit Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.)
Material Regulatory Matters. (i) If an Any Insurance Subsidiary shall not make a scheduled payment of interest or principal on any surplus note or similar form of subordinated indebtedness (due to actions (as opposed to any inaction) of any Governmental Authority or otherwiseAuthority), (ii) if at any time an Insurance Subsidiary's ’s ability to pay fees to its Affiliates under existing agreements (or extensions of existing agreements) shall be restricted (due to actions (as opposed to any inaction) of any Governmental Authority or otherwise Authority) or (iii) if in any Fiscal Year, an Insurance Subsidiary's ’s ability to pay dividends to its stockholders is restricted in any manner (due to actions (as opposed to any inaction) of any Governmental Authority or otherwiseAuthority), other than by restrictions under the insurance law of the Insurance Subsidiary's state of domicile relating to dividends that apply generally to other insurance companies domiciled in the Insurance Subsidiary’s state of domicile under the insurance law of the state, and, and (1) in the case cases of clauses subclauses (i) through (iii) above, such event or condition (x) was not in effect as of the date hereof and (y) such event or condition, together with all other such events or conditions, could reasonably be expected to have a Material Adverse EffectEffect and (2) in each case, such event or condition was not in effect as of the date hereof; or
Appears in 2 contracts
Samples: Credit Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.)
Material Regulatory Matters. (i) If an Any Insurance Subsidiary shall not make a scheduled payment of interest or principal on any surplus note or similar form of subordinated indebtedness (due to actions of any Governmental Authority or otherwise), (ii) if at any time an Insurance Subsidiary's ability to pay fees to its Affiliates under existing agreements (or extensions of existing agreements) shall be restricted (due to actions of any Governmental Authority or otherwise otherwise) or (iii) if in any Fiscal Year, an Insurance Subsidiary's ability to pay dividends to its stockholders is restricted in any manner (due to actions of any Governmental Authority or otherwise), other than by restrictions under the insurance law of the Insurance Subsidiary's state of domicile relating to dividends that apply generally to other insurance companies domiciled in the Insurance Subsidiary's state of domicile under the insurance law of the state, and, and (x) in the case cases of clauses (i) through (iii) above, such event or condition (x) was not in effect as of the date hereof and (y) such event or condition, together with all other such events or conditions, could reasonably be expected to have a Material Adverse EffectEffect and (y) in each case, such event or condition was not in effect as of the date hereof; or
Appears in 1 contract
Samples: Credit Agreement (Conseco Inc)
Material Regulatory Matters. (i) If an Any Insurance Subsidiary shall not make a scheduled payment of interest or principal on any surplus note or similar form of subordinated indebtedness (due to actions of any Governmental Authority or otherwise), (ii) if at any time an Insurance Subsidiary's ability to pay fees to its Affiliates under existing agreements (or extensions of existing agreements) shall be restricted (due to actions of any Governmental Authority or otherwise or otherwise), (iii) if in any Fiscal Year, an Insurance Subsidiary's ability to pay dividends to its stockholders is restricted in any manner (due to actions of any Governmental Authority or otherwise), other than by restrictions under the insurance law of the Insurance Subsidiary's state of domicile relating to dividends that apply generally to other insurance companies domiciled in the stateInsurance Subsidiary's state of domicile under the insurance law of the state or (iv) any other Material Adverse Regulatory Event occurs, and, and (x) in the case cases of clauses (i) through (iii) above, such event or condition (x) was not in effect as of the date hereof and (y) such event or condition, together with all other such events or conditions, could reasonably be expected to have a Material Adverse EffectRegulatory Effect and (y) in each case, such event or condition was not in effect as of the date hereof; or
Appears in 1 contract
Samples: Credit Agreement (Conseco Inc)