Common use of Risk-Based Capital Clause in Contracts

Risk-Based Capital. The Borrower will not permit "total adjusted ------------------ capital" (within the meaning of the Risk-Based Capital for Insurers Model Act as promulgated by the NAIC as of the Original Credit Agreement Date (the "Model Act")) of VFIC at any time from and after the Amendment Effective Date to be less than 150% of the applicable "Company Action Level RBC" (within the meaning of the Model Act) for VFIC at such time.

Risk-Based Capital. The Borrower will not permit "total adjusted ------------------ capital" (within the meaning of the Risk-Based Capital for Insurers Model Act as promulgated by the NAIC as of the Original Credit Agreement Date date hereof (the "Model Act")) of VFIC at any time from and after the Amendment Effective Closing Date to be less than 150% of the applicable "Company Action Level RBC" (within the meaning of the Model Act) for VFIC at such time.

Risk-Based Capital. The Borrower will not permit "“total adjusted ------------------ capital" ” (within the meaning of the Risk-Based Capital for Insurers Model Act as promulgated by the NAIC as of the Original Credit Agreement Date date hereof (the "“Model Act"”)) of VFIC at any time from as measured on December 31, 2004 and after the Amendment Effective Date each December 31 thereafter to be less than 150% of the applicable "Company Action Level RBC" “Authorized Control Level” (within the meaning of the Model Act) for VFIC at such time.

Risk-Based Capital. The Borrower will not permit "“total adjusted ------------------ capital" ” (within the meaning of the Risk-Based Capital for Insurers Model Act as promulgated by the NAIC as of the Original Credit Agreement Date date hereof (the "“Model Act"”)) of VFIC at any time from and after the Amendment Effective Date to be less than 150% of the applicable "Company Action Level RBC" “Authorized Control Level” (within the meaning of the Model Act) for VFIC at such time.