Common use of RECAPTURE PRIVILEGES Clause in Contracts

RECAPTURE PRIVILEGES. A. If, at any time, the CEDING COMPANY makes a change in its existing maximum dollar retention limits, as shown in Schedule A, which have a material effect on the terms of the treaty, it shall give prompt written notice thereof to the REINSURER. B. If the CEDING COMPANY changes its maximum dollar retention limits, it may apply the new limits of retention (whether or not material) to existing reinsurance and reduce and recapture reinsurance in force in accordance with the following rules: 1. The CEDING COMPANY will notify the REINSURER of its intent to recapture under this Article by providing irrevocable written notice at least ninety (90) days prior to any recaptures. 2. No recapture will be made unless the policy has been in force fifteen (15) years for permanent life plans, and the end of the level term period for term life plans. 3. Recapture will become effective on the policy anniversary date following the 90 day notification period set forth above. 4. No recapture will be made unless the CEDING COMPANY retained its maximum retention limit, as listed in Section D of Schedule A, prior to the recapture. The amount that may be recaptured is the difference between the amount that the CEDING COMPANY could retain under its revised maximum dollar retention and the amount retained under the original maximum dollar retention limit. 5. If any reinsurance is recaptured all reinsurance eligible for recapture under the provisions of this Article must be recaptured. The CEDING COMPANY may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied to each company in proportion to the total outstanding reinsurance, subject to the provisions of the applicable reinsurance agreements. • The Ceding Company will not re-cede the business to non-affiliated companies for a period of at least 3 years once it has been recaptured. • The amount of reinsurance eligible for recapture is based on the current amount inforce as of the date of recapture. For a policy issued as a result of a conversion, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. • After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies which have been recaptured. • The terms and conditions for the Ceding Company to recapture reinsured policies, as a result of the insolvency of the Reinsurer are set forth in Article XIV.

RECAPTURE PRIVILEGES. A. If, at any time, the CEDING COMPANY makes a change in its existing maximum dollar retention limits, as shown in Schedule A, which have a material effect on the terms of the treaty, it shall give prompt written notice thereof to the REINSURER. B. If the CEDING COMPANY changes its maximum dollar retention limits, it may apply the new limits of retention (whether or not material) to existing reinsurance and reduce and recapture reinsurance in force in accordance with the following rules: 1. The CEDING COMPANY will notify the REINSURER of its intent to recapture under this Article by providing irrevocable written notice at least ninety (90) days prior to any recaptures. 2. No recapture will be made unless the policy has been in force fifteen (15) years for permanent life plans, and the end of the level term period for term life plans. 3. Recapture will become effective on the policy anniversary date following the 90 day notification period set forth above. 4. No recapture will be made unless the CEDING COMPANY retained its maximum retention limit, as listed in Section D of Schedule A, prior to the recapture. The amount that may be recaptured is the difference between the amount that the CEDING COMPANY could retain under its revised maximum dollar retention and the amount retained under the original maximum dollar retention limit. 5. If any reinsurance is recaptured all reinsurance eligible for recapture under the provisions of this Article must be recaptured. The CEDING COMPANY may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied to each company in proportion to the total outstanding reinsurance, subject to the provisions of the applicable reinsurance agreements. • The Ceding Company will not re-cede the business to non-affiliated companies for a period of at least 3 years once it has been recaptured. • The amount of reinsurance eligible for recapture is based on the current amount inforce as of the date of recapture. For a policy issued as a result of a conversion, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. • After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies which have been recaptured. • The terms and conditions for the Ceding Company to recapture reinsured policies, as a result of the insolvency of the Reinsurer are set forth in Article XIV.

RECAPTURE PRIVILEGES. A. If, at any time, the CEDING COMPANY makes a change in its existing maximum dollar retention limits, as shown in Schedule A, which have a material effect on the terms of the treaty, it shall give prompt written notice thereof to the REINSURER. B. If the CEDING COMPANY changes increases its limit of retention, a corresponding reduction may be made at the option of the CEDING COMPANY in the reinsurance in force on all lives on which the CEDING COMPANY had its maximum dollar retention limits, it may apply the new limits limit of retention (whether or not material) to at the time reinsurance was ceded. The CEDING COMPANY may recapture existing reinsurance and reduce and recapture reinsurance in force in accordance with the following rules:rules set forth in this Article IX. 1. B. The CEDING COMPANY will notify the REINSURER of its intent to recapture under this Article by providing irrevocable written notice at least ninety (90) days prior to any recaptures. 2. C. No recapture will be made unless the policy reinsurance has been in force for fifteen (15) years for permanent life plansyears, and as measured from the end of the level term period for term life plansEFFECTIVE DATE. 3. Recapture will become effective on D. The recapture shall apply to all the policy anniversary date following eligible reinsurance in force under the 90 day notification period set forth aboveAgreement. 4. No recapture will be made unless E. If the CEDING COMPANY retained its maximum retention limitelects to recapture, as listed in Section D of Schedule A, prior to the recapture. The amount that may be recaptured is the difference between the amount that the CEDING COMPANY could retain under shall commence a recapture of the reinsurance whereby each contract reinsured hereunder is reduced or recaptured on its revised maximum dollar retention and the amount retained under fifteenth (15th) contract anniversary, measured from the original maximum dollar retention limitissue date of the contract. 5F. If at the time of recapture the risk is on active claim for any cause the reinsurance shall remain in force until such time as the contract may be returned to a premium-paying status. The Disability or Unemployment risk shall be recaptured upon such return to premium-paying status. If any reinsurance within thirty days of said recapture the Disability or Unemployment claim is recaptured all reinsurance eligible for recapture under resumed according to the provisions terms of this Article must be recaptured. The CEDING COMPANY may not revoke its election the rider, due to recapture for policies becoming eligible at future anniversaries. 6. If there is reinsurance in other companies on risks eligible for recapturean extension of the initial disablement or unemployment status, the necessary reduction is to REINSURER shall again be applied to each company in proportion to liable for payment of its share of SPP waived by the total outstanding reinsuranceCEDING COMPANY, subject to collection of reinsurance premiums on the provisions REINSURER's share of the applicable reinsurance agreements. • The Ceding Company will not re-cede the business to non-affiliated companies for a period of at least 3 years once it has been recaptured. • The amount of reinsurance eligible for recapture is based on the current amount inforce as of the date of recapture. For a policy issued as a result of a conversion, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period risk for the purpose of recapture will be measured from period in which the effective date of the reinsurance on the original policycontract was in a premium-paying status. • After the effective date of recapture-------------------------------------------------------------------------------- GE Life and Annuity Assurance Co., the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies which have been recapturedAgreement No. • The terms and conditions for the Ceding Company to recapture reinsured policiesPage 14 Effective February 15, as a result of the insolvency of the Reinsurer are set forth in Article XIV.2002

RECAPTURE PRIVILEGES. A. If, at any time, the CEDING COMPANY makes a change in its existing maximum dollar retention limits, as shown in Schedule A, which have a material effect on the terms of the treaty, it shall give prompt written notice thereof to the REINSURER. B. If the CEDING COMPANY changes its maximum dollar retention limits, it may apply the new limits of retention (whether or not material) to existing reinsurance and reduce and recapture reinsurance in force in accordance with the following rules: 1. The CEDING COMPANY will notify the REINSURER of its intent to recapture under this Article by providing irrevocable written notice at least ninety (90) days prior to any recaptures. 2. No recapture will be made for permanent life plans unless the policy has been in force fifteen (15) years for permanent single life plans, and twenty (20) years for joint life. No recapture will be made for term plans until the end of the level term period for term life plansperiod. 3. Recapture will become effective on the policy anniversary date following the 90 day notification period set forth above. 4. No recapture will be made unless the CEDING COMPANY retained its maximum retention limit, as listed in Section D of Schedule A, prior to the recapture. The amount that may be recaptured is the difference between the amount that the CEDING COMPANY could retain under its revised maximum dollar retention and the amount retained under the original maximum dollar retention limit. 5. If any reinsurance is recaptured all reinsurance eligible for recapture under the provisions of this Article must be recaptured. The CEDING COMPANY may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied to each company in proportion to the total outstanding reinsurance, subject to the provisions of the applicable reinsurance agreements. • The Ceding Company will not re-cede the business to non-affiliated companies for a period of at least 3 years once it has been recaptured. • The amount of reinsurance eligible for recapture is based on the current amount inforce as of the date of recapture. For a policy issued as a result of a conversion, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. • After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies which have been recaptured. • The terms and conditions for the Ceding Company to recapture reinsured policies, as a result of the insolvency of the Reinsurer are set forth in Article XIV.

RECAPTURE PRIVILEGES. A. If, at any time, the CEDING COMPANY makes a change in changes its existing maximum dollar retention limits, as shown in Schedule A, which have written notice of changes in retention limits having a material effect on the terms of the treaty, it shall give prompt written notice thereof treaty will promptly be given to the REINSURERREINSURER at least 90 days prior to the effective date. B. If the The CEDING COMPANY changes its maximum dollar retention limits, it may apply the new limits of retention (whether or not material) to existing reinsurance and anytime thereafter reduce and recapture reinsurance in force in accordance with the following rules: 1. The CEDING COMPANY will notify the REINSURER of its intent to recapture under this Article by providing irrevocable written notice at least ninety (90) days prior to any recaptures. 2. No recapture will be made unless the policy has been in force fifteen twenty (1520) years for ART and permanent life plans, and the end of the level term period for level premium term life plans. 3. Recapture will become effective on the policy anniversary date following the 90 day notification period set forth above. 4. No recapture will be made unless the CEDING COMPANY retained its maximum retention limit, as listed in Section D C of Schedule A, prior to the recapture. The amount that may be recaptured is the difference between the amount that the CEDING COMPANY could retain under its revised maximum dollar retention and the amount retained under the original maximum dollar retention limit. 5. If any reinsurance is recaptured all reinsurance eligible for recapture under the provisions of this Article must be recaptured. In addition, all reinsurance eligible for recapture under any other automatic excess of retention reinsurance agreement between the REINSURER and the CEDING COMPANY must be similarly recaptured, except for reinsurance agreements inforce as of the effective date of this Agreement. The CEDING COMPANY may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied to each company in proportion to the total outstanding reinsurance, subject to the provisions of the applicable reinsurance agreements. • The Ceding Company will not re-cede the business to non-affiliated companies for a period of at least 3 years once it has been recaptured. • The amount of reinsurance eligible for recapture is based on the current amount inforce as of the date of recapture. For a policy issued as a result of a conversion, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. • After In the effective date event of recaptureany unintentional failure (within the meaning of Article VI) to report a policy that was described by the CEDING COMPANY’s recapture notice, the policy will remain reinsured but the Reinsurer will not be liable responsible for the portion of any reinsured policies or portions of such reinsured policies which have been recapturedpolicy that was eligible for recapture. • The terms and conditions for the Ceding Company to recapture reinsured policies, as a result of the insolvency of the Reinsurer are set forth in Article XIV.

RECAPTURE PRIVILEGES. A. If, at any time, the CEDING COMPANY makes a change in its existing maximum dollar retention limits, as shown in Schedule A, which have a material effect on the terms of the treaty, it shall give prompt written notice thereof to the REINSURER. B. If the CEDING COMPANY changes its maximum dollar retention limits, it may apply the new limits of retention (whether or not material) to existing reinsurance and reduce and recapture reinsurance in force in accordance with the following rules: 1. The CEDING COMPANY will notify the REINSURER of its intent to recapture under this Article within two (2) years after the date its Retention Limit increases and by providing irrevocable written notice at least ninety (90) days prior to any recaptures. 2. No recapture will be made unless the policy has been in force fifteen (15) years for permanent life plans, and the end of the level term period for term life plans. 3. Recapture will become effective on the policy anniversary date following the 90 day notification period set forth above. 4. No recapture will be made unless the CEDING COMPANY retained its maximum retention limit, as listed in Section D of Schedule A, prior to the recapture. The amount that may be recaptured is the difference between the amount that the CEDING COMPANY could retain under its revised maximum dollar retention and the amount retained under the original maximum dollar retention limit. 5. If any reinsurance is recaptured all reinsurance eligible for recapture under the provisions of this Article must be recaptured. The CEDING COMPANY may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied to each company in proportion to the total outstanding reinsurance, subject to the provisions of the applicable reinsurance agreements. • The Ceding Company CEDING COMPANY will not re-cede the business to non-affiliated companies for a period of at least 3 years once it has been recaptured. • The amount of reinsurance eligible for recapture is based on the current amount inforce as of the date of recapture. For a policy issued as a result of a conversion, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. • After the effective date of recapture, the Reinsurer REINSURER will not be liable for any reinsured policies or portions of such reinsured policies which have been recaptured. • The terms and conditions for the Ceding Company CEDING COMPANY to recapture reinsured policies, as a result of the insolvency of the Reinsurer REINSURER are set forth in Article XIV.