Common use of Insolvency of the Reinsurer Clause in Contracts

Insolvency of the Reinsurer. In the event of the Reinsurer's insolvency, the Ceding Company may immediately cancel the Agreement for future new business and will notify the Reinsurer in writing of its intent within ninety (90) days of the insolvency determination. The parties agree to waive the notification period for this cancellation. The effective date will be no earlier than the effective date of the Reinsurer's insolvency. In addition, in the event of the Reinsurer's insolvency, the Ceding Company may provide the Reinsurer with written notice of its intent to recapture all reinsurance in force under this Agreement regardless of the duration the reinsurance has been in force or the amount retained by the Ceding Company on the policies. The Ceding Company must make the recapture election within ninety (90) days of the Reinsurer's insolvency. The Ceding Company will provide the Reinsurer with ninety (90) days' advance written notice of its intent to recapture (the "Cure Period"). If at the end of the Cure Period the Reinsurer remains insolvent according to the authority responsible for such determination, then the Ceding Company may elect to recapture all reinsurance inforce under this Agreement effective no earlier than the end of the Cure Period and no later than twelve (12) months following the end of the Cure Period. The Ceding Company's recapture as described above is subject to payment by the Ceding Company to the Reinsurer in the amount of the unamortized acquisition cost attributable to the excess first year allowance credited by the Reinsurer to the Ceding Company. Excess first year allowance means [*].

Insolvency of the Reinsurer. In the event of the Reinsurer's insolvency, the Ceding Company may immediately cancel the Agreement for future new business and will notify the Reinsurer in writing of its intent within ninety (90) days [*] of the insolvency determination. The parties agree to waive the notification period for this cancellation. The effective date will be no earlier than the effective date of the Reinsurer's insolvency. In addition, in the event of the Reinsurer's insolvency, the Ceding Company may provide the Reinsurer with written notice of its intent to recapture all reinsurance in force under this Agreement regardless of the duration the reinsurance has been in force or the amount retained by the Ceding Company on the policies, but only if the undisputed amounts due from the Reinsurer to the Ceding Company have gone unpaid for more than [*] (the "Payment Delinquency Period"). The Ceding Company agrees to immediately inform [*] or its successor organization in writing of any undisputed claim that remains pending for [*]. The Ceding Company must make the recapture election within ninety (90) days [*] of the Reinsurer's insolvency. The Ceding Company will provide the Reinsurer with ninety (90) days' advance written notice of its intent to recapture (the "Cure Period"). If at , or the end of the Cure Period the Reinsurer remains insolvent according to the authority responsible for such determinationPayment Delinquency Period, then the Ceding Company may elect to recapture all reinsurance inforce under this Agreement if later. Recapture must be effective no earlier than the end date of the Cure Period Reinsurer's insolvency and no later than twelve (12) months [*] following the end of the Cure Payment Delinquency Period. The Ceding Company's recapture as described above is subject to payment by the Ceding Company to the Reinsurer in the amount of the unamortized acquisition cost attributable to the excess first year allowance credited by the Reinsurer to the Ceding Company. Excess first year allowance means [*].

Insolvency of the Reinsurer. In the event of the insolvency of the Reinsurer's insolvency, the Ceding Company may immediately cancel this Agreement for new business by promptly providing the Reinsurer or its Authorized Representative with written notice of cancellation, to be effective as of the date on which the Reinsurer’s insolvency is established by the authority responsible for such determination. Any requirement for a notification period prior to the cancellation of the Agreement for future new business and will notify the Reinsurer in writing of its intent within ninety (90) days of the insolvency determination. The parties agree to waive the notification period for this cancellation. The effective date will be no earlier than the effective date of the Reinsurer's insolvencywould not apply under such circumstances. In addition, in the event of the insolvency of the Reinsurer's insolvency, the Ceding Company may provide the Reinsurer or its Authorized Representative with written notice of its intent to recapture all reinsurance in force under this Agreement regardless of the duration the reinsurance has been in force or the amount retained by the Ceding Company on the policies. The Ceding Company must make the recapture election within ninety (90) days of the Reinsurer's insolvencyReinsured Policies. The Ceding Company will provide the Reinsurer with ninety (90) days' ’ advance written notice of its intent to recapture (the "“Cure Period"”). If at the end of the Cure Period the Reinsurer remains insolvent according to the authority responsible for such determination, then the Ceding Company may elect to recapture all reinsurance inforce under this Agreement effective no earlier than the end of the Cure Period and no later than twelve (12) months following the end of the Cure Period. The Ceding Company's recapture as described above is subject to payment by If the Ceding Company elects to recapture reinsurance under this Article, unearned premiums, net of outstanding balances, will be paid by the Reinsurer in party with the amount positive balance. In the event of the unamortized acquisition cost attributable to insolvency of either party, the excess first year allowance credited by the Reinsurer to the Ceding Company. Excess first year allowance means [*]rights or remedies of this Agreement will remain in full force and effect.

Insolvency of the Reinsurer. In the event of the Reinsurer's ’s insolvency, the Ceding Company may immediately cancel the Agreement for future new business and will notify the Reinsurer in writing of its intent within ninety (90) days of the insolvency determination. The parties agree to waive the notification period for this cancellation. The effective date will be no earlier than the effective date of the Reinsurer's insolvency’s Insolvency. In addition, in the event of the Reinsurer's insolvency, the Ceding Company may provide the Reinsurer with written notice of its intent to recapture all reinsurance in force under this Agreement regardless of the duration the reinsurance has been in force or the amount retained by the Ceding Company on the policiespolicies but only if the undisputed amounts due from the Reinsurer to the Ceding Company have gone unpaid for more than ninety (90) days (the “payment delinquency period”). The Ceding Company agrees to immediately notify RGA US Mortality Claims Management via email (ClaimManagement@rgare. com) of any undisputed claim that remains pending for sixty (60) days. The Ceding Company must make the recapture election within ninety (90) days of the Reinsurer's ’s insolvency. The Ceding Company will provide the Reinsurer with ninety (90) days' advance written notice of its intent to recapture (the "Cure Period"). If at , or the end of the Cure Period the Reinsurer remains insolvent according to the authority responsible for such determinationpayment delinquency period, then the Ceding Company may elect to recapture all reinsurance inforce under this Agreement if later. Recapture must be effective no earlier than the end date of the Cure Period Reinsurer’s Insolvency and no later than twelve (12) months following the end of the Cure PeriodReinsurer’s insolvency. The Ceding Company's ’s recapture as described above is subject to payment by the Ceding Company to the Reinsurer in the amount of the unamortized acquisition cost attributable to the excess first year allowance credited by the Reinsurer to the Ceding Company. Excess first year allowance means [*]for any policy an amount equal to the year 2 pay percent minus the year 1 pay percent times the applicable year 1 life premium rate, all as stated in Exhibit D.1of the Agreement.

Insolvency of the Reinsurer. In the event of the Reinsurer's ’s insolvency, the Ceding Company may immediately cancel the Agreement for future new business and will notify the Reinsurer in writing of its intent within ninety (90) days of the insolvency determination. The parties agree to waive the notification period for this cancellation. The effective date will be no earlier than the effective date of the Reinsurer's ’s insolvency. In addition, in the event of the Reinsurer's insolvency, the Ceding Company may provide the Reinsurer with written notice of its intent to recapture all reinsurance in force under this Agreement regardless of the duration the reinsurance has been in force or the amount retained by the Ceding Company on the policiespolicies but only if the undisputed amounts due from the Reinsurer to the Ceding Company have gone unpaid for more than ninety (90) days (the “payment delinquency period”). The Ceding Company agrees to immediately notify RGA US Mortality Claims Management via email (CxxxxXxxxxxxxxx@xxxxx.xxx) of any undisputed claim that remains pending for sixty (60) days. The Ceding Company must make the recapture election within ninety (90) days of the Reinsurer's ’s insolvency. The Ceding Company will provide the Reinsurer with ninety (90) days' advance written notice of its intent to recapture (the "Cure Period"). If at , or the end of the Cure Period the Reinsurer remains insolvent according to the authority responsible for such determinationpayment delinquency period, then the Ceding Company may elect to recapture all reinsurance inforce under this Agreement if later. Recapture must be effective no earlier than the end date of the Cure Period Reinsurer’s insolvency and no later than twelve (12) months following the end of the Cure PeriodReinsurer’s insolvency. The Ceding Company's recapture as described above is subject to payment by the Ceding Company to the Reinsurer in the amount of the unamortized acquisition cost attributable to the excess first year allowance credited by the Reinsurer to the Ceding Company. Excess first year allowance means [*].(460, C01) 10000-00-00 26 12/14/2017

Insolvency of the Reinsurer. In the event of the insolvency of the Reinsurer's insolvency, the Ceding Company may immediately cancel this Agreement for new business by promptly providing the Reinsurer or its Authorized Representative with written notice of cancellation, to be effective as of the date on which the Reinsurer’s insolvency is established by the authority responsible for such determination. Any requirement for a notification period prior to the cancellation of the Agreement for future new business and will notify the Reinsurer in writing of its intent within ninety (90) days of the insolvency determination. The parties agree to waive the notification period for this cancellation. The effective date will be no earlier than the effective date of the Reinsurer's insolvencywould not apply under such circumstances. In addition, in the event of the insolvency of the Reinsurer's insolvency, the Ceding Company may provide the Reinsurer or its Authorized Representative with written notice of its intent to recapture all reinsurance in force under this Agreement regardless of the duration the reinsurance has been in force or the amount retained by the Ceding Company on the policiesReinsured Policies. The effective date of a recapture due to insolvency will be at the election of the Ceding Company must make but may not be earlier than the recapture election within ninety (90) days of date on which the Reinsurer's insolvency. The Ceding Company will provide the Reinsurer with ninety (90) days' advance written notice of its intent to recapture (the "Cure Period"). If at the end of the Cure Period the Reinsurer remains insolvent according to ’s insolvency is established by the authority responsible for such determination, then . If the Ceding Company may elect elects to recapture all reinsurance inforce under this Agreement effective no earlier than Article, the end appropriate amount of benefit reserves to be held in respect of the Cure Period and no later than twelve (12) months following reinsured amounts being recaptured will be paid by the end party with the positive balance, determined as of the Cure Period. The Ceding Company's recapture as described above is subject to payment by effective date of the Ceding Company to recapture, based on U.S. generally accepted accounting principles (“GAAP”) consistent with FASB Accounting Standard Codification Topic 944, Financial Services – Insurance computed using the Reinsurer in the Reinsurer’s original pricing assumptions without provision for adverse deviation, less any amount of the unamortized deferred acquisition cost attributable to assets related thereto and excluding any provisions for adverse deviations or similar deficiency or special reserves, net of outstanding balances. In the excess first year allowance credited by event of the Reinsurer to insolvency of either party, the Ceding Company. Excess first year allowance means [*]rights or remedies of this Agreement will remain in full force and effect.