Common use of Minimum Risk-Based Capital Clause in Contracts

Minimum Risk-Based Capital. Permit the ratio of (i) “total adjusted capital” (within the meaning of the Risk-Based Capital for Insurers Model Act as promulgated by the NAIC as of the date hereof (the “Model Act”)) of OARC to (ii) 2 times the “Authorized Control Level Risk-Based Capital” (within the meaning of the Model Act) of OARC to be less than one hundred seventy five percent (175%), as of the last day of any fiscal quarter, beginning with the fiscal quarter ending December 31, 2009.”

Minimum Risk-Based Capital. Permit the ratio of (i) “total adjusted capital” (within the meaning of the Risk-Based Capital for Insurers Model Act as promulgated by the NAIC as of the date hereof (the “Model Act”)) of OARC to (ii) 2 times the “Authorized Control Level Risk-Based Capital” (within the meaning of the Model Act) of OARC to be less than one hundred seventy five fifty percent (175150%), as of the last day of any fiscal quarter, beginning with the fiscal quarter ending December 31June 30, 20092007.”