Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that: (i) are among the CONTRACT TYPEs identified by form in Schedule B-1; (ii) have accounts invested in the investment funds listed in Schedule B-2; (iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B; (iv) are issued within the limits and rules described in Schedule C-1 and C-2; (v) are in compliance with all of the other terms and provisions of this Agreement; and (vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and (vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below. B. This Agreement will terminate for new ACTIVE CONTRACTs issued by the CEDING COMPANY on the earlier of (i) February 29, 2008 or (ii) the date that cumulative RETAIL ANNUITY PREMIUMS exceed the limits provided in Schedule C-2, Paragraph 4. C. This Agreement will terminate with respect to each ACTIVE CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACT. D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following: 1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to such rating reduction shall be deemed withdrawn if the REINSURER’S Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period; 2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6 3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 is provided in Schedule I. Any notice of termination given by the CEDING COMPANY due to such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period. E. The REINSURER shall have the option of terminating this Agreement for new business by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn. F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which the premium is in default or both will be terminated. If all premiums in default and interest in accordance with Article III, Paragraph G are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate. G. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTS, the REINSURER shall have no reinsurance liability with respect to such ANNUITY CONTRACTs. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY REINSURANCE PREMIUMs earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1) the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, as published in the Wall Street Journal, and (2) [REDACTED]. ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 7
Appears in 1 contract
Sources: Variable Annuity Gmib Reinsurance Agreement (Jackson National Separate Account - I)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1▇-▇;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule ▇-▇.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement; and;
(vi) have elected are issued on or after the EFFECTIVE DATE and prior to purchase the Guaranteed Minimum Income Benefit, as described in Schedule Adate this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ACE Tempest Re GMDB enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National ▇▇▇▇▇ and ACE Tempest Re GMIB 7GMDB
Appears in 1 contract
Sources: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1▇-▇;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(v) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29May 31, 2008 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest EEB 8 position as of December 31, 2000 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National and ▇▇▇▇▇ & ACE Tempest Re GMIB 7EEB 9
Appears in 1 contract
Sources: Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1▇-▇;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(v) are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest GMDB 7 level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Merest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National and ▇▇▇▇▇ & ACE Tempest Re GMIB 7GMDB 8
Appears in 1 contract
Sources: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This The effective date of this Agreement is July 17, 2000. The Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the termination date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph BSection B below;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2;C-1; and
(v) are in compliance incompliance with all of the other terms and provisions of this Agreement; and
(vi) have elected to purchase said contracts being herein defined as the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTsANNUITY CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTs CONTRACTS subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will terminate for new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29June 30, 2008 2002 or (ii) the date that cumulative RETAIL ANNUITY PREMIUMS exceed the limits provided in Schedule C-2. RETAIL ANNUITY PREMIUMS paid on an ACTIVE CONTRACT subsequent to issue are unaffected by the limits provided in schedule C-2, Paragraph paragraph 4.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE ANNUITY CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s A.M. Best Rating is reduced to a “BBBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s A.M Best Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to such rating reduction shall be deemed withdrawn if the REINSURER’S Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 20001999. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 1999 is provided in Schedule I. Any J. Ohio National and ACE Tempest Re 8
4. The REINSURER fails to satisfy the INTERIM CLAIM POSITION in accordance with Article VII, provided that the CEDING COMPANY’s notice of termination given by identifies whether new contracts, existing contracts or both will be subject to termination, and provided further than the CEDING COMPANY due to such surplus reduction COMPANY’s notice of termination shall be deemed withdrawn if the REINSURERREINSURER satisfies the INTERIM CLAIM POSITION within 90 days after the date the CEDING COMPANY’s U.S. GAAP surplus position notice of termination is restored to a level higher than [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice periodgiven.
E. The REINSURER shall have the option of terminating this Agreement for new business contracts, existing contracts or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If I, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that a premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTS, the REINSURER shall have no reinsurance liability with respect to such ANNUITY CONTRACTs. F. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY REINSURANCE PREMIUMs reinsurance premiums earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminatedprior to termination. Any net amounts due from either party after termination are subject to a daily an annual interest charge equal to the 3 month LIBOR rate as of the REMITTANCE DATE as published in the Wall Street Journal, plus [REDACTED], applied daily as rate/365. Interest is assessed from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1) the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, as published in the Wall Street Journal, and (2) [REDACTED]. ▇▇▇▇▇▇▇ Ohio National and ACE Tempest Re GMIB 79
Appears in 1 contract
Sources: Variable Annuity Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement; and;
(viv) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest GMIB 7 be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National and ▇▇▇▇▇ & ACE Tempest Re GMIB 78
Appears in 1 contract
Sources: Gmib Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1▇-▇;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(v) are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest GMDB 7 level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National and ▇▇▇▇▇ & ACE Tempest Re GMIB 7GMDB 8
Appears in 1 contract
Sources: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs TYPES identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph Bterminates;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-1;
(v) are in compliance with all of the other terms and provisions of this Agreement; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.CONTRACTS
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of of: (i) February 29December 31, 2008 2004 or (ii) the date that cumulative RETAIL ANNUITY PREMIUMS exceed the limits provided in Schedule C-2, Paragraph 4paragraph 3. RETAIL ANNUITY PREMIUMS paid on an ACTIVE CONTRACT subsequent to the date the Agreement ceases to cover new VARIABLE ANNUITY CONTRACTS are unaffected by the limits provided in Schedule C-2, paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE CONTRACT subject to it, as of the last date day of the REINSURANCE TERM for each ACTIVE CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new businessVARIABLE ANNUITY CONTRACTS, existing businessVARIABLE ANNUITY CONTRACTS, or both, by giving with ninety (90) days advance written notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s 's Standard and Poor’s 's Claim Paying Rating is reduced to a “"BBB” " or lower. The REINSURER must report any adverse change in Standard and Poor’s 's Rating to the CEDING COMPANY within fifteen (15) days of the change. ; Any notice of termination given by the CEDING COMPANY due to enable by such rating reduction shall be deemed withdrawn if the REINSURER’S 's Standard and Poor’s 's Rating is restored to a level higher than “"BBB” " during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 is provided in Schedule I. Any notice of termination given by the CEDING COMPANY due to such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which the premium is in default or both will be terminated. If all premiums in default and interest in accordance with Article III, Paragraph G are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTS, the REINSURER shall have no reinsurance liability with respect to such ANNUITY CONTRACTs. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY REINSURANCE PREMIUMs earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1) the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, as published in the Wall Street Journal, and (2) [REDACTED]. ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 7
Appears in 1 contract
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1▇-▇;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule ▇-▇.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement; and;
(vi) have elected are issued on or after the EFFECTIVE DATE and prior to purchase the Guaranteed Minimum Income Benefit, as described in Schedule Adate this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in MLLICNY and ACE Tempest Re GMDB Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 70% of its Its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. ▇▇▇▇▇▇▇ National Interest is assessed from the REMITTANCE DATE until the date paid. MLLICNY and ACE Tempest Re GMIB 7GMDB
Appears in 1 contract
Sources: GMDB Reinsurance Agreement (Ml of New York Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(v) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29May 31, 2008 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest EEB 8 position as of December 31, 2000 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National and ▇▇▇▇▇ & ACE Tempest Re GMIB 7EEB 9
Appears in 1 contract
Sources: Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs CONTRACTS issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by contract form in Schedule B-1 and have no optional riders other than those specified in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement; and
(viv) have elected to purchase the Guaranteed Minimum Income BenefitBenefit on or after the EFFECTIVE DATE and prior to December 31, 2008, as described in Schedule A; and
(vii) are ACTIVE CONTRACTssaid contracts being herein defined as the ANNUITY CONTRACTS. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will terminate for new ACTIVE ANNUITY CONTRACTs issued by the CEDING COMPANY on the earlier of (i) February 29December 31, 2008 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph paragraph 4.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERM.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;.
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6.
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTS, the REINSURER shall have no reinsurance liability with respect to such ANNUITY CONTRACTs. F. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs earned by the REINSURER, REINSURER under this Agreement Agreement, until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, VALAUTION DATE as published in the Wall Street Journal, ; and (2b) is [REDACTED]. ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 7Interest is assessed from the REMITTANCE DATE until the date paid.
Appears in 1 contract
Sources: Variable Annuity Gmib Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTs CONTRACTS issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs TYPES identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph Bterminates;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-1;
(v) are in compliance with all of the other terms and provisions of this Agreement; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.CONTRACTS
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29December 31, 2008 2004 or (ii) the date that cumulative RETAIL ANNUITY PREMIUMS exceed the limits provided in Schedule C-2, Paragraph 4paragraph 3. RETAIL ANNUITY PREMIUMS paid on an ACTIVE CONTRACT subsequent to the date this Agreement ceases to cover new VARIABLE ANNUITY CONTRACTS are unaffected by the limits provided in Schedule C-2, paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE CONTRACT subject to it, as of the last date day of the REINSURANCE TERM for each ACTIVE CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new businessVARIABLE ANNUITY CONTRACTS, existing businessVARIABLE ANNUITY CONTRACTS, or both, by giving with ninety (90) days advance written notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s 's Standard and Poor’s 's Claim Paying Rating is reduced to a “"BBB” " or lower. The REINSURER must report any adverse change in its Standard and Poor’s 's Claim Paying Rating to the CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by Manufacturers Life and ACE Tempest Re GEM such rating reduction shall be deemed withdrawn if the REINSURER’S REINSURERS's Standard and Poor’s 's Rating is restored to a level higher than “"BBB” " during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER is entered or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6.
3. The REINSURER’s 's U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of the value of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s 's surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s 's U.S. GAAP surplus position is restored to a level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business by giving VARIABLE ANNUITY CONTRACTS, existing VARIABLE ANNUITY CONTRACTS or both with ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G. The REINSURER must provide CEDING COMPANY with Notice of Termination, identifying whether new business, existing business or both will be subject to termination. If, during the CEDING COMPANYninety (90) days following this notification, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER receives all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. 2. The CEDING COMPANY fails to pay premium on or before the REMITTANCE DATE. In the event that the premiums are not paid by the REMITTANCE DATE, the REINSURER shall have the option of terminating right to terminate this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice of termination to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which the premium is in default or both will be terminatedCOMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice time period, the this Agreement will remain in effect and the notice of termination shall be deemed withdrawn. As If Premiums remain in default as of the close of the last day of the this ninety (90) day notice period, the REINSURER’S 's liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any VARIABLE ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY REINSURANCE PREMIUMs reinsurance premiums earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminatedAgreement. Any net amounts due from either party after termination Such premiums are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 [*] times the sum of (1) the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, as published in the Wall Street Journal[*] Manufacturers Life and ACE Tempest Re GEM [*], and (2) [REDACTED*]. ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 7.
Appears in 1 contract
Sources: Variable Annuity Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1▇-▇;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(v) are issued on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 is provided in Schedule I. Any notice of termination given by the CEDING COMPANY due to such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which the premium is in default or both will be terminated. If all premiums in default and interest in accordance with Article III, Paragraph G are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTS, the REINSURER shall have no reinsurance liability with respect to such ANNUITY CONTRACTs. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY REINSURANCE PREMIUMs earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1) the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, as published in the Wall Street Journal, and (2) [REDACTED]. ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 7;
Appears in 1 contract
Sources: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1▇-▇;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement;
(v) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29May 31, 2008 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each ENFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest EEB 8 position as of December 31, 2000 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 75% of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, REINSURED CLAIMS and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National and ▇▇▇▇▇ & ACE Tempest Re GMIB 7EEB 9
Appears in 1 contract
Sources: Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)
Effective Date Term and Termination. A. This Business covered by this Agreement covers includes individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by contract form in Schedule B-1;
(ii) have one of the guaranteed minimum income benefit riders specified in Schedule B-1;
(iii) have one of the guaranteed minimum death benefit riders specified in Schedule B-1;
(iv) have no optional riders other than those specified in Schedule B-1;
(v) have accounts invested only in the investment funds listed in Schedule B-2;
(iiivi) are issued on and or after the EFFECTIVE DATE and July 1, 2005 but prior to the date this Agreement terminates for ceases to cover new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(ivvii) are issued within the limits and rules described in Schedule C-1 and C-2C-1;
(vviii) are in compliance with all of the other terms and provisions of this AgreementAgreement and Schedules; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(viiix) are ACTIVE CONTRACTs. Said contracts being herein defined as the ANNUITY CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will terminate for cease to cover new ACTIVE ANNUITY CONTRACTs issued by the CEDING COMPANY on the earlier of (i) February 29December 31, 2008 or (ii) the date that cumulative RETAIL ANNUITY PREMIUMS exceed the limits limit provided in Schedule C-2. RETAIL ANNUITY PREMIUMS paid on an ACTIVE CONTRACT subsequent to issue are unaffected by the limit provided in schedule C-2, Paragraph paragraph 4.. Ohio National — ACE Tempest Re GMDB 2006 Treaty 6
C. This Unless terminated earlier, this Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to itcovered hereunder, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after upon the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any such adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 is provided in Schedule I. Any notice of termination given by the CEDING COMPANY due to such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide any timely submissions submission of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that a premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G are received by the REINSURER within the ninety (90) day notice period, with interest calculated in accordance with the rate provided in paragraph F of this Article, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. As of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY REINSURANCE PREMIUMs reinsurance premiums earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminatedprior to termination. Any net Ohio National — ACE Tempest Re GMDB 2006 Treaty 7 amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1) the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, as published in the Wall Street Journal, and (2) [REDACTED]. ▇▇▇▇▇▇▇ Ohio National and — ACE Tempest Re GMIB 7GMDB 2006 Treaty 8
Appears in 1 contract
Sources: Variable Annuity GMDB Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-1;
(viv) are in compliance with all of the other terms and provisions of this Agreement; and;
(viv) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest GMIB 7 be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 31,2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National and ▇▇▇▇▇ & ACE Tempest Re GMIB 78
Appears in 1 contract
Sources: Gmib Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account B)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule B-1.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-1;
(v) are in compliance with all of the other terms and provisions of this Agreement; and;
(vi) have elected are issued on or after the EFFECTIVE DATE and prior to purchase the Guaranteed Minimum Income Benefit, as described in Schedule Adate this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ACE Tempest Re GMDB enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National ▇▇▇▇▇ and ACE Tempest Re GMIB 7GMDB
Appears in 1 contract
Sources: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs CONTRACTS issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iviii) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(viv) are in compliance with all of the other terms and provisions of this Agreement; and;
(viv) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(viivi) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to enabled by such surplus reduction shall MLLICNY & ACE Tempest GMIB 7 be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’S notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S ’s liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs CLAIMS arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. ▇▇▇▇▇▇▇ National and Interest is assessed from the REMITTANCE DATE until the date paid. MLLICNY & ACE Tempest Re GMIB 78
Appears in 1 contract
Sources: Gmib Reinsurance Agreement (Ml of New York Variable Annuity Separate Account D)
Effective Date Term and Termination. A. This The Agreement covers individual VARIABLE ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs TYPES identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph Bterminates;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs VARIABLE ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29December 31, 2008 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed the limits provided in Schedule C-2, Paragraph 4paragraph 3. RETAIL ANNUITY PREMIUMS paid on an ACTIVE CONTRACT subsequent to the date the Agreement ceases to cover new VARIABLE ANNUITY CONTRACTS are unaffected by the limits provided in Schedule C-2, paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACT.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new businessVARIABLE ANNUITY CONTRACTS, existing businessVARIABLE ANNUITY CONTRACTS, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s 's Standard and Poor’s 's Rating is reduced to a “"BBB” " or lower. The REINSURER must report any adverse change in Standard and Poor’s 's Rating to the CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S 's Standard and Poor’s 's Rating is restored to a level higher than “"BBB” " during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 is provided in Schedule I. Any notice of termination given by the CEDING COMPANY due to such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which the premium is in default or both will be terminated. If all premiums in default and interest in accordance with Article III, Paragraph G are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTS, the REINSURER shall have no reinsurance liability with respect to such ANNUITY CONTRACTs. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY REINSURANCE PREMIUMs earned by the REINSURER, under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1) the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, as published in the Wall Street Journal, and (2) [REDACTED]. ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 7
Appears in 1 contract
Effective Date Term and Termination. A. This Business covered by this Agreement covers includes individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by contract form in Schedule B-1;
(ii) have one of the guaranteed minimum income benefit riders specified in Schedule B-1;
(iii) have one of the guaranteed minimum death benefit riders specified in Schedule B-1;
(iv) have no optional riders other than those specified in Schedule B-1;
(v) have accounts invested only in the investment funds listed in Schedule B-2;
(iiivi) are issued on and or after the EFFECTIVE DATE and July 1, 2005 but prior to the date this Agreement terminates for ceases to cover new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(ivvii) are issued within the limits and rules described in Schedule C-1 and C-2C-1;
(vviii) are in compliance with all of the other terms and provisions of this AgreementAgreement and Schedules; and
(vi) have elected to purchase the Guaranteed Minimum Income Benefit, as described in Schedule A; and
(viiix) are ACTIVE CONTRACTs. Said contracts being herein defined as the ANNUITY CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed below.
B. This Agreement will terminate for cease to cover new ACTIVE ANNUITY CONTRACTs issued by b the CEDING COMPANY on the earlier of (i) February 29March 31, 2008 or (ii) the date that cumulative RETAIL ANNUITY PREMIUMS exceed the limits limit provided in Schedule C-2. RETAIL ANNUITY PREMIUMS paid on an ACTIVE CONTRACT subsequent to issue are unaffected by the limit provided in schedule C-2, Paragraph paragraph 4.
C. This Unless terminated earlier, this Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to itcovered hereunder, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after upon the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any such adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to such rating reduction shall be deemed withdrawn if the REINSURER’S ’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 is provided in Schedule I. Any notice of termination given by the CEDING COMPANY due to such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] of its U.S. GAAP surplus position as of December 31, 2000 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide any timely submissions submission of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that a premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G are received by the REINSURER within the ninety (90) day notice period, with interest calculated in accordance with the rate provided in paragraph F of this Article, the Agreement will remain in effect and the notice of termination deemed withdrawneffect. As of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY REINSURANCE PREMIUMs reinsurance premiums earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminatedprior to termination. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1) the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, as published in the Wall Street Journal, and (2) [REDACTED]. ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 7.
Appears in 1 contract
Sources: Variable Annuity GMDB Reinsurance Agreement (Ohio National Variable Account A)
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are among the CONTRACT TYPEs identified by form in Schedule B-1▇-▇;
(ii) have elected no optional benefit rider forms for which a retail fee is assessed other than those forms listed on Schedule ▇-▇.
(iii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued on and after the EFFECTIVE DATE and prior to the date this Agreement terminates for new ANNUITY CONTRACTs, as described in Article III, paragraph B;
(iv) are issued within the limits and rules described in Schedule C-1 and C-2C-l;
(v) are in compliance with all of the other terms and provisions of this Agreement; and;
(vi) have elected are issued on or after the EFFECTIVE DATE and prior to purchase the Guaranteed Minimum Income Benefit, as described in Schedule Adate this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vii) are ACTIVE CONTRACTs. The Agreement remains effective for ANNUITY CONTRACTs subject to the terms and conditions of this Agreement, through the TERMINATION DATE, unless terminated pursuant to the paragraphs listed belowCONTRACTS.
B. This Agreement will terminate for cease to cover new ACTIVE CONTRACTs ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) February 29October 31, 2008 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceed exceeds the limits limit provided in Schedule C-2, Paragraph 4paragraph 3.
C. This Agreement will terminate with respect to each ACTIVE ANNUITY CONTRACT subject to it, as of the last date of the REINSURANCE TERM for each ACTIVE CONTRACTTERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. The REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. The REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY due to enabled by such rating reduction shall be deemed withdrawn if the REINSURER’S Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of the REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of the REINSURER; ▇▇▇▇▇▇▇ National and ACE Tempest Re GMIB 6;
3. The REINSURER’s U.S. GAAP surplus position is reduced to [REDACTED] 70% or less of its U.S. GAAP surplus position as of December 31, 20002001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2000 2001 is provided in Schedule I. H. Any notice of termination given by the CEDING COMPANY due to ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ACE Tempest Re GMDB enabled by such surplus reduction shall be deemed withdrawn if the REINSURER’s U.S. GAAP surplus position is restored to a level higher than [REDACTED] 70% of its U.S. GAAP surplus position as of December 31, 2000 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreement for new business, existing business or both by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of any of the following: :
1. The CEDING COMPANY fails to provide timely submissions of all material data required to be provided in accordance with Schedule H. If G, provided that the REINSURER’s notice of termination identifies whether new contracts, existing contracts or both will be terminated and provided further that the REINSURER’s notice of termination shall be deemed withdrawn if the CEDING COMPANY, within 90 days after the date the REINSURER’s notice of termination is given, provides to the REINSURER all data submissions then in arrears, the REINSURER’s notice of termination shall be deemed withdrawn.
F. The REINSURER shall have the option of terminating this Agreement with respect to new business, existing ANNUITY CONTRACTS for which premiums are in default, or both, by giving ninety (90) days advance written notice to the CEDING COMPANY after the occurrence of the following: 2. The CEDING COMPANY fails to pay a premium due on or before the REMITTANCE DATE. The REINSURER’s In the event that premium due is not paid by the REMITTANCE DATE, the REINSURER shall have the right to terminate this agreement by giving ninety (90) days advance notice of termination must specify whether new contracts, existing ANNUITY CONTRACTS for which to the premium is in default or both will be terminatedCEDING COMPANY. If all premiums in default and interest in accordance with Article III, Paragraph G paragraph F are received by the REINSURER within the ninety (90) day notice period, the Agreement will remain in effect and the notice of termination deemed withdrawn. As If premium remains in default as of the close of the last day of the ninety (90) day notice period, the REINSURER’S liability for all risks reinsured associated with the defaulted premiums under this Agreement will terminate.
G. F. Except as otherwise provided herein, upon termination of this Agreement for existing ANNUITY CONTRACTSbusiness, the REINSURER shall have no reinsurance liability with respect to such any ANNUITY CONTRACTsCONTRACT. Notwithstanding termination of reinsurance as provided herein, the REINSURER shall continue to be liable to the CEDING COMPANY for all unpaid ADJUSTED GMIB CLAIMs arising as a result of a GMIB EXERCISE of an ACTIVE CONTRACT made GMDB CLAIMS reported prior to the date this Agreement is terminated, and the CEDING COMPANY shall continue to be liable to the REINSURER for all unpaid QUARTERLY MONTHLY REINSURANCE PREMIUMs PREMIUMS earned by the REINSURER, REINSURER under this Agreement until the date the Agreement is terminated. Any net amounts due from either party after termination are subject to a daily interest charge from the REMITTANCE DATE until the date paid. The daily interest rate is equal to 1/365 times the sum of (1a) and (b), where (a) is the 3 month LIBOR rate on the preceding MONTHLY VALUATION DATE, DATE as published in the Wall Street Journal, ; and (2b) [REDACTED]is 1.00%. Interest is assessed from the REMITTANCE DATE until the date paid. ▇▇▇▇▇▇▇ National ▇▇▇▇▇ and ACE Tempest Re GMIB 7GMDB
Appears in 1 contract
Sources: GMDB Reinsurance Agreement (Merrill Lynch Life Variable Annuity Separate Account A)