Common use of Recapture Payments Clause in Contracts

Recapture Payments. On the Recapture Date, the Company shall be entitled to withdraw an amount equal to a portion of the Required Balance attributable to the Covered Insurance Contracts reinsured hereunder from the SLDI Reserve Trust as consideration for assumption by the Company of the Reinsured Liabilities under the recaptured Covered Insurance Contracts. In the event that the fair market value of the assets in the SLDI Reserve Trust exceeds the Required Balance (the "Excess Amount"), and the fair market value of the assets in the SLDI Security Trust Account is less than the amount required by Exhibit A to the SLDI Security Trust Agreement on the Recapture Date (the "Shortfall Amount"), the Company shall also be permitted to withdraw such Excess Amount equal to the pro-rata portion of the Shortfall Amount attributable to the Covered Insurance Contracts reinsured hereunder. In addition, the Company shall be entitled to withdraw a pro-rata portion of the remaining balance in the SLDI Security Trust Account attributable to the Covered Insurance Contracts hereunder less any amounts owed to the Reinsurer under this Agreement as of the Recapture Date.

Appears in 3 contracts

Samples: Coinsurance Funds Withheld Agreement (Scottish Re Group LTD), Modified Coinsurance Agreement (Scottish Re Group LTD), Coinsurance Agreement (Scottish Re Group LTD)

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Recapture Payments. On the Recapture Date, the Company shall be entitled to withdraw an amount equal to a portion of the Required Balance attributable to the Covered Insurance Contracts reinsured hereunder from the SLDI SLD Reserve Trust as consideration for assumption by the Company of the Reinsured Liabilities under the recaptured Covered Insurance Contracts. In the event that the fair market value of the assets in the SLDI SLD Reserve Trust exceeds the Required Balance (the "Excess Amount"), and the fair market value of the assets in the SLDI SLD Security Trust Account is less than the amount required by Exhibit A to the SLDI SLD Security Trust Agreement on the Recapture Date (the "Shortfall Amount"), the Company shall also be permitted to withdraw such Excess Amount equal to the pro-rata portion of the Shortfall Amount attributable to the Covered Insurance Contracts reinsured hereunder. In addition, the Company shall be entitled to withdraw a pro-rata portion of the remaining balance in the SLDI SLD Security Trust Account attributable to the Covered Insurance Contracts reinsured hereunder less any amounts owed to the Reinsurer under this Agreement as of the Recapture Date.

Appears in 1 contract

Samples: Modified Coinsurance Agreement (Scottish Re Group LTD)

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