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 Insurance Model Act as of the Effective Date) of any existing or future Regulated Insurance Company (and each of their successors and assigns), with surplus in excess of $25,000,000, to be less than 175.0% of the applicable “Company Action Level RBC” (within the meaning of the Model Act) as determined as of the end of each fiscal year of the Borrower, commencing with the fiscal year of the Borrower ending December 31, 2015.

Risk-Based Capital. The Borrower will not permit “total adjusted capital” (within the meaning of the Insurance Model Act as of the Effective Date) of any existing or future Regulated Insurance Company (and each of their successors and assigns), in each case with surplus in excess of $25,000,000, to be less than 175.0% of the applicable “Company Action Level RBC” (within the meaning of the Model Act) as determined as of the end of each fiscal year of the Borrower, commencing with the fiscal year of the Borrower ending December 31, 20152018.

Risk-Based Capital. The Borrower will not permit “total adjusted capital” (within the meaning of the Insurance Model Act as of the Effective Date) of any existing or future Regulated Insurance Company (and each of their successors and assigns), with surplus in excess of $25,000,000, ) at any time to be less than 175.0% of the applicable “Company Action Level RBC” (within the meaning of the Model Act) as determined as of the end of each fiscal year of the Borrower, commencing with the fiscal year of the Borrower ending December 31, 2015).

Risk-Based Capital. The Borrower will not permit “total adjusted capital” (within the meaning of the Insurance Model Act as of the Effective Date) of any of its existing or future U.S. Regulated Insurance Company (and Companies, in each case, as determined as of their successors and assigns)the end of each fiscal year, commencing with surplus in excess of $25,000,000the fiscal year ending December 31, 2012, to be less than 175.0200.0% of the applicable “Company Action Level RBC” (within the meaning of the Model Act) as determined as of the end of each fiscal year of the Borrower, commencing with the fiscal year of the Borrower ending December 31, 2015for such Regulated Insurance Company.

Risk-Based Capital. The Borrower will not permit “total adjusted capital” (within the meaning of the Insurance Model Act as of the Effective Date) of any of its existing or future U.S. Regulated Insurance Company (and Companies, in each case as determined as of their successors and assigns)the end of each fiscal year, commencing with surplus in excess of $25,000,000the fiscal year ending December 31, 2010, to be less than 175.0200.0% of the applicable “Company Action Level RBC” (within the meaning of the Model Act) as determined as of the end of each fiscal year of the Borrower, commencing with the fiscal year of the Borrower ending December 31, 2015for such Regulated Insurance Company.