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Common use of Trust Assets Clause in Contracts

Trust Assets. At the direction of the Reinsurer, the assets held in the Security Trust shall be held in the form of (A) cash and cash-equivalents, (B) certificates of deposit, (C) obligations of the United States Government or its agencies, (D) investment grade bonds, (E) whole (not participations) investment grade (as determined in accordance with the Reinsurer’s internal rating systems) commercial mortgages; provided that the aggregate market value of such commercial mortgages held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust, and (F) straight Xxxxxx Mae, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ and above; provided that the aggregate market value of such mortgage-backed securities held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value of the assets held in the Security Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains in force, the Reinsurer shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company shall direct the Trustee to make the payment to the Reinsurer of any amounts in the Security Trust which exceed the Required Balance, and Reinsurer shall promptly deposit such additional permitted assets as may be necessary to increase the Market Value of the Security Trust assets to the Required Balance. The form and duration of assets to be held in the Security Trust shall be appropriate in light of the Reinsured Liabilities under the Secured Policies. Prior to delivering any assets for deposit in the Security Trust, the Reinsurer shall execute assignments or endorsements in blank of all of the Reinsurer’s right, title and interest in such assets (according to procedures set forth in the Security Trust Agreement), so that the Company, or the Trustee upon the Company’s direction, may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer or any other entity.

Appears in 3 contracts

Samples: Coinsurance Agreement, Coinsurance Agreement (ING U.S., Inc.), Coinsurance Agreement (ING U.S., Inc.)

Trust Assets. At the direction of the ReinsurerPurchaser or LLANY, as applicable, the assets held in the any Security Trust shall be held in the form of (A) cash and cash-equivalents, (B) certificates of deposit, (C) obligations of the United States Government or its agencies, (D) investment grade bonds, (E) whole (not participations) investment grade (as determined in accordance with the Reinsurer’s Purchaser's internal rating systems) commercial mortgages; provided that the aggregate market value of such commercial mortgages held in the Security Trust shall not exceed 15 percent 15% of the aggregate market value of the assets held in the Security Trust, ; and (F) straight Xxxxxx MaeXxx, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ and above; provided that the aggregate market value of such mortgage-backed securities held in the Security Trust shall not exceed 15 percent 15% of the aggregate market value of the assets held in the Security Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v9.07(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s Purchaser's internal investment policies for its individual life insurance business, a copy of which has been provided to the CompanySellers. The aggregate Market Value of the assets held in the such Security Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains in force, the Reinsurer Purchaser or LLANY, as applicable, shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company Sellers and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company Sellers shall direct the Trustee to make the payment to the Reinsurer Purchaser of any amounts in the Security Trust which exceed the Required Balance, and Reinsurer Purchaser or LLANY, as applicable, shall promptly deposit in the Security Trust such additional permitted assets as may be necessary to increase the Market Value of the Security Trust assets to the Required Balance. The form and duration of assets to be held in the Security Trust shall be appropriate in light of the Reinsured Liabilities under the Secured Policies. Prior to delivering any assets for deposit in the Security Trust, the Reinsurer Purchaser and LLANY shall execute assignments or endorsements in blank of all of the Reinsurer’s Purchaser's and LLANY's right, title and interest in such assets (according to procedures set forth in the Security Trust Agreement), so that the CompanySeller named as beneficiary of such Security Trust, or the Trustee upon the Company’s Seller's direction, may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer Purchaser, LLANY or any other entity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Aetna Life Insurance & Annuity Co /Ct), Asset Purchase Agreement (Lincoln National Corp)

Trust Assets. At the direction of the Reinsurer, the assets held in the Security Trust shall be held in the form of (A) cash and cash-equivalents, (B) certificates of deposit, (C) obligations of the United States Government or its agencies, (D) investment grade bonds, (E) whole (not participations) investment grade (as determined in accordance with the Reinsurer’s 's internal rating systems) commercial mortgages; provided that the aggregate market value of such commercial mortgages held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust, and (F) straight Xxxxxx Mae, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ and above; provided that the aggregate market value of such mortgage-backed securities held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s 's internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value of the assets held in the Security Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains in force, the Reinsurer shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company shall direct the Trustee to make the payment to the Reinsurer of any amounts in the Security Trust which exceed the Required Balance, and Reinsurer shall promptly deposit such additional permitted assets as may be necessary to increase the Market Value of the Security Trust assets to the Required Balance. The form and duration of assets to be held in the Security Trust shall be appropriate in light of the Reinsured Liabilities under the Secured Policies. Prior to delivering any assets for deposit in the Security Trust, the Reinsurer shall execute assignments or endorsements in blank of all of the Reinsurer’s 's right, title and interest in such assets (according to procedures set forth in the Security Trust Agreement), so that the Company, or the Trustee upon the Company’s 's direction, may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer or any other entity.

Appears in 2 contracts

Samples: Coinsurance Agreement (Ing Life Insurance & Annuity Co), Coinsurance Agreement (Ing Life Insurance & Annuity Co)

Trust Assets. At the direction of the Reinsurer, the assets held in the Security Trust shall be held in the form of (A) cash and cash-equivalents, (B) certificates Certificates of deposit, (C) obligations of the United States Government or its agencies, (D) investment grade bonds, (E) whole (not participations) investment grade (as determined in accordance with the Reinsurer’s 's internal rating systems) commercial mortgages; provided that the aggregate market value of such commercial mortgages held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust, and (F) straight Xxxxxx Mae, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ and above; provided that the aggregate market value of such mortgage-backed securities held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s 's internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value of the assets held in the Security Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains in force, the Reinsurer shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company shall direct the Trustee to make the payment to the Reinsurer of any amounts in the Security Trust which exceed the Required Balance, and Reinsurer shall promptly deposit such additional permitted assets as may be necessary to increase the Market Value of the Security Trust assets to the Required Balance. The form and duration of assets to be held in the Security Trust shall be appropriate in light of the Reinsured Liabilities under the Secured Policies. Prior to delivering any assets for deposit in the Security Trust, the Reinsurer shall execute assignments or endorsements in blank of all of the Reinsurer’s 's right, title and interest in such assets (according to procedures set forth in the Security Trust Agreement), so that the Company, or the Trustee upon the Company’s 's direction, may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer or any other entity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lincoln National Corp)

Trust Assets. At the direction of the ReinsurerPurchaser, the assets held in the Security each Trust shall be held in the form of (A) cash and cash-equivalents; provided that any commercial paper included in cash equivalents shall be rated A-1/P-1 or higher, (B) certificates of depositdeposit of companies with long-term bond ratings of AA/Aa or higher, (C) obligations of the United States Government or its agenciesagencies and the Canadian Government or its Provinces; provided that the aggregate market value of obligations of the Canadian Government or its Provinces held in such Trust shall not exceed five percent (5%) of the aggregate market value of the assets held in the Trust, (D) investment grade bondssecurities; provided that the aggregate market value of any investment grade private placements and 144A securities held in such Trust shall not exceed twenty-five percent (25%) of the aggregate market value of the assets held in the Trust, (E) whole (not participations) investment grade (as determined in accordance with the ReinsurerPurchaser’s internal rating systems) commercial mortgagesmortgages acquired by Purchaser following the Closing; provided that the aggregate market value of such commercial mortgages held in the Security such Trust shall not exceed 15 fifteen percent (15%) of the aggregate market value of the assets held in the Security Trust, ; and (F) straight Xxxxxx MaeXxx, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ AA and above; provided that the aggregate market value of such mortgage-backed securities held in the Security each Trust shall not exceed 15 fifteen percent (15%) of the aggregate market value of the assets held in the Security such Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value market value of the assets held in the Security each such Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains Agreements remain in force, the Reinsurer Purchaser shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company Lincoln Life, LAL, Lincoln Barbados and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company Lincoln Life, LAL or Lincoln Barbados shall direct the Trustee to make pay to Purchaser any amount by which the payment to market value of the Reinsurer of any amounts assets held in the Security relevant Trust which exceed exceeds the Required Balance, and Reinsurer Purchaser shall promptly deposit in the applicable Trust such additional permitted assets as may be necessary to increase the Market Value market value of the Security such Trust assets to the Required Balance. The form and duration of assets to be held in the Security each Trust shall be appropriate in light of the Reinsured Liabilities under the Secured PoliciesInsurance Contracts. Prior to delivering any assets for deposit in the Security either Trust, the Reinsurer Purchaser shall execute assignments or endorsements in blank of all of the ReinsurerPurchaser’s right, title and interest in such assets (according to procedures set forth in the Security Trust AgreementAgreements), so that the CompanyLincoln Life, LAL, Lincoln Barbados or the Trustee upon the CompanyLincoln Life’s, LAL’s direction, or Lincoln Barbados’s direction may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer Purchaser or any other entity.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Lincoln National Corp)

Trust Assets. At the direction of the ReinsurerPurchaser, the assets held in the Security each Trust shall be held in the form of (A) cash and cash-equivalents; provided that any commercial paper included in cash equivalents shall be rated A-1/P-1 or higher, (B) certificates of depositdeposit of companies with long-term bond ratings of AA/Aa or higher, (C) obligations of the United States Government or its agenciesagencies and the Canadian Government or its Provinces; provided that the aggregate market value of obligations of the Canadian Government or its Provinces held in such Trust shall not exceed five percent (5%) of the aggregate market value of the assets held in the Trust, (D) investment grade bondssecurities; provided that the aggregate market value of any investment grade private placements and 144A securities held in such Trust shall not exceed twenty-five percent (25%) of the aggregate market value of the assets held in the Trust, (E) whole (not participations) investment grade (as determined in accordance with the ReinsurerPurchaser’s internal rating systems) commercial mortgagesmortgages acquired by Purchaser following the Closing; provided that the aggregate market value of such commercial mortgages held in the Security such Trust shall not exceed 15 fifteen percent (15%) of the aggregate market value of the assets held in the Security Trust, ; and (F) straight Xxxxxx MaeXxx, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ AA and above; provided that the aggregate market value of such mortgage-backed securities held in the Security each Trust shall not exceed 15 fifteen percent (15%) of the aggregate market value of the assets held in the Security such Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value market value of the assets held in the Security each such Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains Agreements remain in force, the Reinsurer Purchaser shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company Lincoln Life, LAL, Lincoln Barbados and the 44 Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company Lincoln Life, LAL or Lincoln Barbados shall direct the Trustee to make pay to Purchaser any amount by which the payment to market value of the Reinsurer of any amounts assets held in the Security relevant Trust which exceed exceeds the Required Balance, and Reinsurer Purchaser shall promptly deposit in the applicable Trust such additional permitted assets as may be necessary to increase the Market Value market value of the Security such Trust assets to the Required Balance. The form and duration of assets to be held in the Security each Trust shall be appropriate in light of the Reinsured Liabilities under the Secured PoliciesInsurance Contracts. Prior to delivering any assets for deposit in the Security either Trust, the Reinsurer Purchaser shall execute assignments or endorsements in blank of all of the ReinsurerPurchaser’s right, title and interest in such assets (according to procedures set forth in the Security Trust AgreementAgreements), so that the CompanyLincoln Life, LAL, Lincoln Barbados or the Trustee upon the CompanyLincoln Life’s, LAL’s direction, or Lincoln Barbados’s direction may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer Purchaser or any other entity.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement

Trust Assets. At the direction of the Reinsurer, the assets held in the Security Trust shall be held in the form of (A) cash and cash-cash- equivalents, (B) certificates of deposit, (C) obligations of the United States Government or its agencies, (D) investment grade bonds, (E) whole (not participations) investment grade (as determined in accordance with the Reinsurer’s 's internal rating systems) commercial mortgages; provided that the aggregate market value of such commercial mortgages held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust, and (F) straight Xxxxxx Mae, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ and above; provided that the aggregate market value of such mortgage-backed securities held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s 's internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value of the assets held in the Security Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains in force, the Reinsurer shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company shall direct the Trustee to make the payment to the Reinsurer of any amounts in the Security Trust which exceed the Required Balance, and Reinsurer shall promptly deposit such additional permitted assets as may be necessary to increase the Market Value of the Security Trust assets to the Required Balance. The form and duration of assets to be held in the Security Trust shall be appropriate in light of the Reinsured Liabilities under the Secured Policies. Prior to delivering any assets for deposit in the Security Trust, the Reinsurer shall execute assignments or endorsements in blank of all of the Reinsurer’s 's right, title and interest in such assets (according to procedures set forth in the Security Trust Agreement), so that the Company, or the Trustee upon the Company’s 's direction, may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer or any other entity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lincoln National Corp)

Trust Assets. At the direction of the Reinsurer, the assets held in the Security Trust shall be held in the form of (A) cash and cash-equivalents, (B) certificates of deposit, (C) obligations of the United States Government or its agencies, (D) investment grade bonds, (E) whole (not participations) investment grade (as determined in accordance with the Reinsurer’s 's internal rating systems) commercial mortgages; provided that the aggregate market value of such commercial mortgages held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust, and (F) straight Xxxxxx Mae, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ and above; provided that the aggregate market value of such mortgage-backed securities held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s 's internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value of the assets held in the Security Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains in force, the Reinsurer shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company shall direct the Trustee to make the payment to the Reinsurer of any amounts in the Security Trust which exceed the Required Balance, and Reinsurer shall promptly deposit such additional permitted assets as may be necessary to increase the Market Value of the Security Trust assets to the Required Balance. The form and duration of assets to be held in the Security Trust shall be appropriate in light of the Reinsured Liabilities under the Secured Policies. Prior to delivering any assets for deposit in the Security Trust, the Reinsurer shall execute assignments or endorsements in blank of all of the Reinsurer’s 's right, title and interest in such assets (according to procedures set forth in the Security Trust Agreement), so that the Company, or the Trustee upon the Company’s 's direction, may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer or any other entity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lincoln National Corp)

Trust Assets. At the direction of the Reinsurer, the assets held in the Security Trust shall be held in the form of (A) cash and cash-equivalents, (B) certificates Certificates of deposit, (C) obligations of the United States Government or its agencies, (D) investment grade bonds, (E) whole (not participations) investment grade (as determined in accordance with the Reinsurer’s internal rating systems) commercial mortgages; provided that the aggregate market value of such commercial mortgages held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust, and (F) straight Xxxxxx Mae, Xxxxxxx Mac and Xxxxxx Mae 30-year mortgage-backed securities rated AA+ and above; provided that the aggregate market value of such mortgage-backed securities held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value of the assets held in the Security Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains in force, the Reinsurer shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company shall direct the Trustee to make the payment to the Reinsurer of any amounts in the Security Trust which exceed the Required Balance, and Reinsurer shall promptly deposit such additional permitted assets as may be necessary to increase the Market Value of the Security Trust assets to the Required Balance. The form and duration of assets to be held in the Security Trust shall be appropriate in light of the Reinsured Liabilities under the Secured Policies. Prior to delivering any assets for deposit in the Security Trust, the Reinsurer shall execute assignments or endorsements in blank of all of the Reinsurer’s right, title and interest in such assets (according to procedures set forth in the Security Trust Agreement), so that the Company, or the Trustee upon the Company’s direction, may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer or any other entity.

Appears in 1 contract

Samples: Coinsurance Agreement (Lincoln National Corp)

Trust Assets. At the direction of the Reinsurer, the assets held in the Security Trust shall be held in the form of (A) cash and cash-equivalents, (B) certificates of deposit, (C) obligations of the United States Government or its agencies, (D) investment grade bonds, (E) whole (not participations) investment grade (as determined in accordance with the Reinsurer’s 's internal rating systems) commercial mortgages; provided that the aggregate market value of such commercial mortgages held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust, and (F) straight Xxxxxx MaeXxx, Xxxxxxx Mac and Xxxxxx Mae Xxx 30-year mortgage-backed securities rated AA+ and above; provided that the aggregate market value of such mortgage-backed securities held in the Security Trust shall not exceed 15 percent of the aggregate market value of the assets held in the Security Trust; and provided, further, that in the event a Security Trust is established pursuant to Section 9.4(a)(v), the assets held in the Security Trust may be invested in accordance with the Reinsurer’s 's internal investment policies for its individual life insurance business, a copy of which has been provided to the Company. The aggregate Market Value of the assets held in the Security Trust shall at all times be at least equal to the Required Balance. As long as the Security Trust Agreement remains in force, the Reinsurer shall calculate the Required Balance as of the last day of each calendar month and report the amount of the Required Balance to the Company and the Trustee within ten (10) Business Days after the end of such month. In connection with such calculation, the Company shall direct the Trustee to make the payment to the Reinsurer of any amounts in the Security Trust which exceed the Required Balance, and Reinsurer shall promptly deposit such additional permitted assets as may be necessary to increase the Market Value of the Security Trust assets to the Required Balance. The form and duration of assets to be held in the Security Trust shall be appropriate in light of the Reinsured Liabilities under the Secured Policies. Prior to delivering any assets for deposit in the Security Trust, the Reinsurer shall execute assignments or endorsements in blank of all of the Reinsurer’s 's right, title and interest in such assets (according to procedures set forth in the Security Trust Agreement), so that the Company, or the Trustee upon the Company’s 's direction, may whenever necessary negotiate title to any such assets without consent or signature from the Reinsurer or any other entity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lincoln National Corp)