AmerUs Group Co., 699 Walnut Street Des Moines, Iowa 50309-3948 Ladies and Gentlemen: The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between J.P. Morgan Securities...Confirmation Agreement • August 24th, 2005 • Amerus Group Co/Ia • Life insurance • Iowa
This Confirmation evidences a complete and binding agreement between Seller and Purchaser as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall supplement, form a part of, and be subject to an agreement in the form of the 1992 ISDA Master Agreement (Multicurrency, Cross-Border) (the “Agreement”) as if Seller and Purchaser had executed an agreement in such form (but without any Schedule except for the election of the laws of the State of New York as the governing law and United States dollars as the Termination Currency) on the date hereof. For purposes of Section 6(e) of the Agreement, Loss and Second Method will apply. Notwithstanding Section 14 of the Agreement, any Loss in respect of Seller shall include, without any limitation to the definition of Loss, any cost or benefit of funding. Other than as modified by the preceding sentence, the meaning of Loss shall be as set forth in Section 14 of the Agreement.
