Common use of Recapture Clause in Contracts

Recapture. The Company may recapture if: 1. The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 2 contracts

Sources: Reinsurance Agreement (Thrivent Variable Life Account I), Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Maximum Dollar Retention Limit Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the Reinsurer, reduce or recapture the amount of reinsurance in force reinsurance ceded on an automatic basis provided, however, thatsubject to the following requirements: a) No i. An in-force cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Section 7 of Schedule A. The effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out reduction in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between later of the amount originally retained first policy anniversary following the expiration of the 90-day notice period to recapture and the amount policy anniversary date when the Company would have retained on the same quota share basis had the new retention been in effect at the time required minimum number of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new Maximum Dollar Retention Limits. iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. The Ceding Company may not rescind its election to recapture for policies becoming eligible at future anniversaries. v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retentionlife with all reinsurers. vii. Recapture is optional, but if will not be made on a basis that may result in any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before anti-selection against the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2Reinsurer. The Reinsurer does one of maintains the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company discretion to determine when anti-selection has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance chargesoccurred. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture Said determination will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for made in a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025fair an equitable manner.

Appears in 2 contracts

Sources: Reinsurance Agreement (Jnlny Separate Account Iv), Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at least [*]. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. For the sake of clarity, the increased retention limits used as a basis to reduce the amount of reinsurance in force may be the result of an increase in the Ceding Company's Per Life Retention, an increase to the [*] quota share retention rate outlined in Exhibit A, or both. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of an exchange or conversion, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if used. 18 Following the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a fee successor ceding company, then the successor ceding company has the option to recapture reinsurance. Recapture will be effected by way the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025business subject to recapture.

Appears in 2 contracts

Sources: Reinsurance Agreement (Riversource Variable Life Separate Account), Reinsurance Agreement (Riversource of New York Account 8)

Recapture. The Company may recapture if: 1. The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025and c) The Company gives the Reinsurer 30 days prior written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture from the Reinsurer will be the Reinsurer’s share of the reinsurance times the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture If such recapture is optional, but if any reinsured business is recapturedelected by the Company, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification , for the increase in its Retention Limitoverlooked amount. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in in-force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025.

Appears in 2 contracts

Sources: Reinsurance Agreement (Thrivent Variable Life Account I), Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. Reinsured policies will not be eligible for recapture due solely to an increase in the Company’s quota share percentage retained. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, that: a) No The Company gives the Reinsurer an irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specifi ed in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other simil arly underwritten COLI or B▇▇▇ reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured in a consistent mannerbusiness will be paid to the Company by the Reinsurer. I414848US-12 (11-01-2011) QT#04028US11 (COLI & B▇▇▇) Effective as of the recapture date, the Reinsurer will not be liab le for any eligi ble business which was overlooked. The parties’ obligations obliga tions for any recaptured business will be limited to those relating to events or circumstances cir cumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability including payment of the Reinsurer termination settlement amount. Upon recapture, each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if anyrecaptured business. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: aI414848US-12 (11-01-2011) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential QT#04028US11 (C3) 15 Execution Copy_7_16_2025COLI & B▇▇▇)

Appears in 2 contracts

Sources: Reinsurance Agreement (Nationwide Vli Separate Account 4), Reinsurance Agreement (Nationwide Vli Separate Account 4)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, that: a) No The Company gives the Reinsurer an irrevocable written notice of its intention to recapture is within one year after the effective date of the increase in its Retention Limit; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and d) Other than as respects catastrophe or financial reinsurance arrangements, the Company will retain all recaptured risks. No recapture will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a consistent mannerhigher retention limit than previously used by the Company. If the Company elects to terminate reinsurance under this Article, a termination settlement will be made according to the terms specified in the Business Transfer Events provision of Exhibit C-1, but will not include amounts specified in12(d) of that provision. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability including payment of the Reinsurer termination settlement amount. Upon payment of the termination settlement amount, each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 2 contracts

Sources: Reinsurance Agreement, Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. Reinsured policies will not be eligible for recapture due solely to an increase in the Company’s quota share percentage retained. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, that: a) No The Company gives the Reinsurer an irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specifi ed in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other simil arly underwritten COLI or B▇▇▇ reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured in a consistent mannerbusiness will be paid to the Company by the Reinsurer. I414849US-12 (11-01-2011) QT#04028US11 (COLI & B▇▇▇) Effective as of the recapture date, the Reinsurer will not be liab le for any eligi ble business which was overlooked. The parties’ obligations obliga tions for any recaptured business will be limited to those relating to events or circumstances cir cumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability including payment of the Reinsurer termination settlement amount. Upon recapture, each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if anyrecaptured business. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: aI414849US-12 (11-01-2011) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential QT#04028US11 (C3) 15 Execution Copy_7_16_2025COLI & B▇▇▇)

Appears in 2 contracts

Sources: Reinsurance Agreement (Nationwide Vli Separate Account 4), Reinsurance Agreement (Nationwide Vli Separate Account 4)

Recapture. The Company may recapture if: 1. The Company increases apply its Retention Limit increased retention limits to reduce the benefit amount of in force reinsurance ceded on an automatic basis Reinsured Policies provided, however, that: a) No 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture is within 90 days of the effective date of the retention increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium period. period stated in Exhibit C. For a conversionconversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) 7.2.3 The Company has maintained, maintained from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount of reinsurance eligible D for recapture will be the difference between the amount originally retained plan and the amount the Company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks will not be eligible for recapture, ; and 7.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer. In applying its increased Retention Limit Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. Recapture as provided herein is optionaloptional with the Company, but if any reinsured business Reinsured Policy is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has been overlooked by under the Companyprovisions of this Article must be recaptured. If there is reinsurance in other companies on risks eligible for recapture, the liability of the Reinsurer will necessary reduction is to be limited applied pro rata to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025total outstanding

Appears in 2 contracts

Sources: Automatic Self Administered Yrt Reinsurance Agreement (American Family Variable Account I), Automatic Self Administered Yrt Reinsurance Agreement (Carillon Life Account)

Recapture. Reinsured policies will not be eligible for recapture due solely to an increase in the Company’s quota share percentage retained. The Company may recapture if: 1. The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; andand I2526854US-24 (01-01-2025) (QT27458US24) 14 b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025and c) The Company gives the Reinsurer 30 days irrevocable written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. Eligible reinsured business means business with the same form of underwriting. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurancereinsurance on a contractual recapture as specified above. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential I2526854US-24 (C301-01-2025) 15 Execution Copy_7_16_2025(QT27458US24) 15

Appears in 2 contracts

Sources: Reinsurance Agreement (Thrivent Variable Life Account I), Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Company may recapture if: 1. The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversionConversion Policy, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025and c) The Company gives the Reinsurer 30 thirty (30) days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. D; and e) The Company retained its maximum Retention Limit for the age and mortality rating at the time the policy was issued. No recapture will be allowed for any policies where the Company’s established special retention limits less than the Company’s maximum Retention Limits for the plan, issue age, and mortality rating at the time the policy was issued; and f) No recapture will be made if the Company has either obtained or increased reinsurance coverage, including, but not limited to, stop loss, as justification for the increase in Retention Limits. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations Company may not revoke its election to recapture for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession policies becoming eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitat future anniversaries. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. 3. The Reinsurer is deemed insolvent and the terms and conditions of Article 11.1 are satisfied. 4. A Reserve Credit Event occurs and is not cured pursuant to Article 16.4. Upon recapture pursuant to this provisionArticle 8.3, a terminal settlement shall be made such that the parties shall settle all amounts due and payable with respect to the recaptured policies reinsured hereunder as stated below. All such settlements shall be made as of the recapture effective date. 1. The Reinsurer will refund to the Company any unearned reinsurance premiums, net of outstanding balances, . 2. The Reinsurer will pay to the Company all claims eligible for coverage under the Agreement incurred and reported to the Reinsurer prior to the recapture effective date. 3. The Company will pay the Reinsurer any due and unpaid reinsurance premium. The parties’ obligations for any recaptured business will be paid limited to those relating to events or circumstances arising or occurring before the recapture date. The Reinsurer will be obligated to pay to the Company all claims attributable to the recaptured amounts that were eligible for coverage under the Agreement, incurred prior to the recapture effective date and reported to the Reinsurer The Reinsurer shall have no liability with respect to claims incurred on or after the recapture effective date or claims reported to the Reinsurer after two (2) years from the recapture effective date regardless of the date on which such claims were incurred. The Company agrees to conduct appropriate Death Master File searches on its entire block of in force policies (and lapsed and surrendered policies for a period of time in accordance with the Company’s compliance procedures) at least semi-annually or in compliance with state regulations, whichever is more frequent. If a cession eligible for recapture has been overlooked by the party Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. However, if a claim is incurred prior to the recapture effective date, but reported to the Reinsurer after this two (2) year period after the recapture effective date, the Company may consult with the positive balanceReinsurer, and the parties will work in good faith to resolve. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025.

Appears in 2 contracts

Sources: Reinsurance Agreement (Thrivent Variable Life Account I), Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Company may recapture if1. If the CEDING COMPANY increases its regular retention limits, it has the option of reducing reinsurance under this Agreement, provided it: 1. The Company increases a. applies the increase in retention in a consistent manner to all categories of its Retention Limit regular retention limits; b. notifies the REINSURER in writing of its intention to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, start the recapture terms of the original policy will apply and the duration for the recapture period will be measured from process within ninety (90) days after the effective date of the original policyincrease in retention; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of c. reduces all reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, including any supplementary benefits. 2. If the reduction will be applied pro rata CEDING COMPANY decides to recapture, then it can recapture those risks where: a. the total outstanding reinsurance. In applying CEDING COMPANY has kept its increased Retention Limit to Reinsured Policiesmaximum retention limit on that life for the plan, the age and mortality rating at the time the policy was issued as shown in Exhibit C; and b. the reinsurance on that risk has been in force with the REINSURER for at least the number of issue years stated in Exhibit D. 3. The CEDING COMPANY will effect the recapture as follows: a. The CEDING COMPANY will reduce the reinsurance on the policy’s next anniversary following the period stated in Exhibit D. b. The REINSURER’s share of the reduction will be used in proportion to determine the amount its share of the Companytotal reinsurance on the person. c. The CEDING COMPANY will reduce the reinsurance by an amount equal to the difference between the CEDING COMPANY’s increased retention. Recapture new retention per life and the retention in existence at the time the policy was issued or last recaptured. d. If there is optionalan active claim for waiver of premium disability on that person, the life reinsurance will be recaptured, but if any reinsured business is the claim will remain with the REINSURER until it terminates, at which time the disability insurance will also be recaptured, all business eligible must be recaptured in a consistent manner. 4. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before If the CEDING COMPANY overlooks the recapture date. If a cession eligible for recapture has been overlooked by of any reinsurance and the CompanyREINSURER subsequently accepts reinsurance premiums on such reinsurance, the liability of the Reinsurer REINSURER will only be limited to liable for the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balancesless any allowances and premiums taxes if applicable, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025without interest.

Appears in 2 contracts

Sources: Reinsurance Agreement, Reinsurance Agreement (Life Investors Variable Life Account A)

Recapture. The Ceding Company may recapture if:increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company increases must give Generali USA ninety (90) days written notice prior to its Retention Limit intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force force. 4. The reduction of reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy affected policies will apply and the duration for the recapture period will be measured from the become effective date of the original policy; and b) Recapture will be effected on the next policy anniversary date immediately following the notice of each election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policy Policies eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives under the Reinsurer 30 days written notice provisions of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent mannermanner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The parties’ obligations Ceding Company may not revoke its election to recapture for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture datepolicies becoming eligible at future anniversaries. 6. If this Agreement utilizes a cession eligible for recapture has been overlooked by "quota share" method of allocating the Company, reinsured risk and the liability Ceding Company recaptures a portion of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapturereinsured risk, it must notify apply the Reinsurer of its intention same percentage ceded to do so before each reinsurer when determining the rate increase takes effect. The recapture will amount to be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025recaptured.

Appears in 2 contracts

Sources: Reinsurance Agreement (Jackson National Separate Account Iv), Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Maximum Dollar Retention Limit Limits listed in Section 3 of Schedule A, then it may, with 90 days’ written notice to the Reinsurer, reduce or recapture the amount of reinsurance in force reinsurance ceded on an automatic basis provided, however, thatsubject to the following requirements: a) No i. An in-force cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Section 7 of Schedule A. The effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out reduction in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between later of the amount originally retained first policy anniversary following the expiration of the 90-day notice period to recapture and the amount policy anniversary date when the Company would have retained on the same quota share basis had the new retention been in effect at the time required minimum number of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new Maximum Dollar Retention Limits. iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies’ issue dates. iv. The Ceding Company may not rescind its election to recapture for policies becoming eligible at future anniversaries. v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company’s Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer’s reinsurance on that policy will be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retentionlife with all reinsurers. vii. Recapture is optional, but if will not be made on a basis that may result in any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before anti-selection against the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2Reinsurer. The Reinsurer does one of maintains the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company discretion to determine when anti-selection has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025occurred.

Appears in 2 contracts

Sources: Yearly Renewable Term Reinsurance Agreement (American National Variable Life Separate Account), Yearly Renewable Term Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The Company may recapture if: 1. The Company increases apply its Retention Limit increased retention limits to reduce the benefit amount of in force reinsurance ceded on an automatic basis Reinsured Policies provided, however, that: a) No 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture is with 90 days of the effective date of the retention increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy a affected and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium period. period stated in Exhibit C. For a conversionconversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) 7.2.3 The Company has maintained, maintained from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount of reinsurance eligible D for recapture will be the difference between the amount originally retained plan and the amount the Company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks will not be eligible for recapture, Recapture; and 7.2.4 The company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out Exhibit D unless otherwise agreed to by the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer. In applying its increased Retention Limit Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. Recapture as provided herein is optionaloptional with the Company, but if any reinsured business Reinsured Policy is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has been overlooked by under the Company, the liability provision of the Reinsurer will this Article must be limited recaptured. If there is reinsurance to be applied prorate to the refund of the total outstanding reinsurance. The amount of premiums accepted by reinsurance eligible for recapture is based on the Reinsurer after reinsurance net amount at risk as of the date of recapture, less allowances or claims paid, if any. No The Company may not recapture will be permitted reinsurance if the Company has his either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until W.P. claim terminates. The Reinsurer does one will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of the followingrecapture, regardless for any Reinsured Policies or portions of the such Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which Policies eligible for recapture, that the Company has not raised its retail premiums or cost overlooked. The Reinsurer will be liable only for a credit of insurance charges; or b) Increases its reinsurance premium rates on the premiums, received after the recapture date, less any block of in force business by an amount greater than the corresponding increase made by allowance. The terms and conditions for the Company to its retail premiums or cost recapture in force Reinsured Policies due to the insolvency of insurance chargesthe Reinsurer are set out in the Insolvency clause in Article 11. If the Company elects transfers business which is reinsured under this Agreement to recapturesuccessor company, it must notify then the Reinsurer of its intention successor company has the option to do so before recapture the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provisionreinsurance, unearned premiums, net of outstanding balances, will be paid by the party in accordance with the positive balance. The Company shall not be liable for recapture criteria outlined in this Article, only if the successor company has a fee to recapture reinsurance. Recapture will be effected by way of higher retention limit than the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025Company.

Appears in 2 contracts

Sources: Reinsurance Agreement (Llac Variable Account), Reinsurance Agreement (Llac Variable Account)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, provided that: a) No The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share full retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. 196474US-08 ml 20070727 (ODB#I02020US-08) 10 Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a consistent mannerhigher Retention Limit than previously used by the Company. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyUpon recapture, the liability of the Reinsurer each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 2 contracts

Sources: Reinsurance Agreement (Nationwide VL Separate Account-G), Reinsurance Agreement (Nationwide VL Separate Account-G)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at least [*]. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. For the sake of clarity, the increased retention limits used as a basis to reduce the amount of reinsurance in force may be the result of an increase in the Ceding Company's Per Life Retention, an increase to the [*] quota share retention rate outlined in Exhibit A, or both. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of an exchange or conversion, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if used. 18 Following the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a fee successor ceding company, then the successor ceding company has the option to recapture reinsurance. Recapture will be effected by way the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025business subject to recapture.

Appears in 2 contracts

Sources: Reinsurance Agreement (Riversource of New York Account 8), Reinsurance Agreement (Riversource Variable Life Separate Account)

Recapture. The Company may recapture if: 1. The ) Whenever the Company increases its Retention Limit to reduce maximum retention limits over the amount of maximum retention limits set forth in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversionExhibit A, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. option to recapture certain risk amounts. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made prior to the policy anniversary specified in Exhibit C. c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the The amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession reinsurance eligible for recapture has been overlooked by is based on the Company, the liability current amount at risk as of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if After the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to any reinsured policies or portions of such reinsured policies eligible for recapture reinsurance. Recapture will be effected by way of that the Company not remitting applicable premiumshas overlooked. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025END OF ARTICLE IX

Appears in 2 contracts

Sources: Reinsurance Agreement (Nationwide Vli Separate Account 4), Reinsurance Agreement (Nationwide VLI Separate Account-7)

Recapture. The Company may recapture if: 1. The Company increases apply its Retention Limit increased retention limits to reduce the benefit amount of in force reinsurance ceded on an automatic basis Reinsured Policies provided, however, that: a) No 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture is with XX days of the effective date of the retention increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy a affected and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium period. period stated in Exhibit C. For a conversionconversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) 7.2.3 The Company has maintained, maintained from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount of reinsurance eligible D for recapture will be the difference between the amount originally retained plan and the amount the Company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks will not be eligible for recapture, Recapture; and 7.2.4 The company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out Exhibit D unless otherwise agreed to by the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer. In applying its increased Retention Limit Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. Recapture as provided herein is optionaloptional with the Company, but if any reinsured business Reinsured Policy is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has been overlooked by under the Company, the liability provision of the Reinsurer will this Article must be limited recaptured. If there is reinsurance to be applied prorate to the refund of the total outstanding reinsurance. The amount of premiums accepted by reinsurance eligible for recapture is based on the Reinsurer after reinsurance net amount at risk as of the date of recapture, less allowances or claims paid, if any. No The Company may not recapture will be permitted reinsurance if the Company has his either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until W.P. claim terminates. The Reinsurer does one will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of the followingrecapture, regardless for any Reinsured Policies or portions of the such Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which Policies eligible for recapture, that the Company has not raised its retail premiums or cost overlooked. The Reinsurer will be liable only for a credit of insurance charges; or b) Increases its reinsurance premium rates on the premiums, received after the recapture date, less any block of in force business by an amount greater than the corresponding increase made by allowance. The terms and conditions for the Company to its retail premiums or cost recapture in force Reinsured Policies due to the insolvency of insurance chargesthe Reinsurer are set out in the Insolvency clause in Article 11. If the Company elects transfers business which is reinsured under this Agreement to recapturesuccessor company, it must notify then the Reinsurer of its intention successor company has the option to do so before recapture the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provisionreinsurance, unearned premiums, net of outstanding balances, will be paid by the party in accordance with the positive balance. The Company shall not be liable for recapture criteria outlined in this Article, only if the successor company has a fee to recapture reinsurance. Recapture will be effected by way of higher retention limit than the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, that: a) No The Company gives the Reinsurer an irrevocable written notice of its intention to recapture is within one year after the effective date of the increase in its Retention Limit; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and d) Other than as respects catastrophe or financial reinsurance arrangements, the Company will retain all recaptured risks. No recapture will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a consistent mannerhigher retention limit than previously used by the Company. If the Company elects to terminate reinsurance under this Article, a termination settlement will be made according to the terms specified in the Business Transfer Events provision of Exhibit C-1, but will not include amounts specified in 12(d) of that provision. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability including payment of the Reinsurer termination settlement amount. Upon payment of the termination settlement amount, each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Tiaa-Cref Life Separate Account Vli-1)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Retention Limit retention limits, then it may, with 90 days' written notice to the Reinsurer, reduce or recapture the amount of reinsurance in force reinsurance ceded on an automatic basis provided, however, thatsubject to the following requirements: a) No i. A cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Schedule A. The effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out reduction in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between later of the amount originally retained first policy anniversary following the expiration of the 90-day notice period to recapture and the amount policy anniversary date when the Company would have retained on the same quota share basis had the new retention been in effect at the time required minimum of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new maximum dollar retention limits. iii. If more than one policy per life is eligible for recapture, then the eligible policies may be recaptured beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its maximum dollar retention at issue. The Ceding Company's maximum dollar retention limits are stated in Section 3 of Schedule A. v. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retentionlife with all reinsurers. vi. Recapture is optional, but if will not be made on a basis that may result in any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before anti-selection against the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2Reinsurer. The Reinsurer does one of maintains the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company discretion to determine when anti-selection has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance chargesoccurred. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential 0020-2186 1 4 YRT (C3) 15 Execution Copy_7_16_202502092001)

Appears in 1 contract

Sources: Yearly Renewable Term Reinsurance Agreement (Carillon Life Account)

Recapture. The Whenever the Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company has the option to recapture certain risk amounts. If the Company has maintained its maximum stated retention (not a special retention limit) for the plan and insured's age, sex, and mortality classification, it may recapture if:apply its increased retention limits to reduce the amount of reinsurance in force as follows. 1. The Company increases must give the Reinsurer thirty (30) days written notice prior to its Retention Limit intended date of the commencement of recapture. 2. The reduction of reinsurance on affected policies shall become effective on the policy anniversary date immediately following the notice of election to reduce the amount of in force reinsurance ceded on an automatic basis provided, recapture; however, that: a) No recapture is no reduction shall be made until the Reinsured Policy a policy has been in force through the end for at least [insert number of the level premium periodyears] years. 3. For a conversionIf any reinsured policy is recaptured, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy all reinsured policies eligible for recapture unless agreed otherwise by both parties; under the provisions of this Article must be recaptured up to the Company's new maximum retention limits in a consistent manner and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) the Company must increase its total amount of insurance on each reinsured life. The Company gives may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the Reinsurer 30 days written notice of its intention reinsured policy have been ceded to recapture; and d) The more than one reinsurer, the Company has maintained, from must allocate the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reduction on reinsurance eligible for recapture will be the difference between so that the amount originally retained and reinsured by each reinsurer after the amount the Company would have retained on reduction is proportionately the same quota share basis had as if the new maximum dollar retention limits had been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the The amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession reinsurance eligible for recapture has been overlooked by is based on the Company, the liability current amount at risk as of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of exchange, less allowances conversion, or claims paidre-entry, the recapture terms of the reinsurance Agreement covering the original policy shall apply, and the duration for the purpose of recapture shall be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer shall continue to pay its share of the waiver claim until it terminates. The Reinsurer shall not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits shall be recaptured as if anythere were no waiver claim in effect. After the effective date of recapture, the Reinsurer shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. The terms and conditions for the Company to recapture reinsured policies, as made necessary by the insolvency of the Reinsurer, are set forth in Article 16. No recapture will shall be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limiton retention limits. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (US Alliance Corp)

Recapture. The Company may recapture if: 1. The Company increases apply its Retention Limit increased retention limits to reduce the amount of in force reinsurance ceded on an automatic basis Reinsured Policies provided, however, that: a) No 8.2.1 The Company gives the Reinsurer written notice of its intention to recapture is within 90 days of the effective date of the retention increase; and 8.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium period. period stated in Exhibit C. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) 8.2.3 The Company has maintained, maintained from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount of reinsurance eligible D for recapture will be the difference between the amount originally retained plan and the amount the Company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks will not be eligible for recapture, ; and 8.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer. In applying its increased Retention Limit Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. Recapture as provided herein is optionaloptional with the Company, but if any reinsured business Reinsured Policy is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has been overlooked by under the Companyprovisions of this Article must be recaptured. If there is reinsurance in other companies on risks eligible for recapture, the liability of the Reinsurer will necessary reduction is to be limited applied pro rata to the refund of the total outstanding reinsurance. The amount of premiums accepted by reinsurance eligible for recapture is based on the Reinsurer after reinsurance net amount at risk as of the date of recapture, less allowances or claims paid, if any. The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will be permitted occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect and the Reinsurer will continue to pay its Retention Limit. 2share of the W.P. claim until it terminates. The Reinsurer does one will not be liable for any other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. 9 The Reinsurer will not be liable, after the effective date of the followingrecapture, regardless for any Reinsured Policies or portions of the such Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which Policies eligible for recapture that the Company has not raised its retail premiums or cost overlooked. The Reinsurer will be liable only for a credit of insurance charges; or b) Increases its reinsurance premium rates on the premiums, received after the recapture date, less any block of in force business by an amount greater than the corresponding increase made by allowance. The terms and conditions for the Company to its retail premiums or cost recapture in force Reinsured Policies due to the insolvency of insurance chargesthe Reinsurer are set out in the Insolvency clause in Article 11. If the Company elects transfers business which is reinsured under this Agreement to recapturea successor company, it must notify then the Reinsurer of its intention successor company has the option to do so before recapture the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provisionreinsurance, unearned premiums, net of outstanding balances, will be paid by the party in accordance with the positive balance. The Company shall not be liable for recapture criteria outlined in this Article, only if the successor company has or adopts a fee to recapture reinsurance. Recapture will be effected by way of higher retention limit than the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025Company.

Appears in 1 contract

Sources: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Maximum Dollar Retention Limit Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the Reinsurer, reduce or recapture the amount of reinsurance in force reinsurance ceded on an automatic basis provided, however, thatsubject to the following requirements: a) No i. An in-force cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Section 7 of Schedule A. The effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out reduction in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between later of the amount originally retained first policy anniversary following the expiration of the 90-day notice period to recapture and the amount policy anniversary date when the Company would have retained on the same quota share basis had the new retention been in effect at the time required minimum number of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new Maximum Dollar Retention Limits. iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. The Ceding Company may not rescind its election to recapture for policies becoming eligible at future anniversaries. v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, life with all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitreinsurers. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurancevii. Recapture will not be effected by way made on a basis that may result in any anti-selection against the Reinsurer. However, if the Reinsurer has given the Ceding Company written notice of a reinsurance premium rate increase and the Ceding Company Exercises their right to recapture as set forth in Article 7.e, restrictions i. and v. above shall not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025apply.

Appears in 1 contract

Sources: Reinsurance Agreement (Tiaa-Cref Life Separate Account Vli-1)

Recapture. The Company may recapture if: 1. The 11.1 Whenever the Ceding Company increases its Retention Limit maximum retention limits over the maximum retention limits set forth in Exhibit A, the Ceding Company, through the Administrator, has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured’s issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows. (a) The Ceding Company, through the Administrator, must give IHLIC thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force for at least twenty (20) years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Ceding Company, through the end Administrator, must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the level premium perioddate of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply apply, and the duration period for the purpose of recapture period will be measured from the effective date of the reinsurance on the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with a reinsured waiver of premium claim in effect when recapture takes place, IHLIC will continue to pay its share of the waiver claim until it terminates. IHLIC will not be liable for any other reinsurers on risks benefits, including the basic life risk, that are eligible for recapture, the reduction . All such eligible benefits will be applied pro rata to recaptured as if there were no waiver claim in effect. After the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the effective date of recapture, less allowances IHLIC will not be liable for any reinsured policies or claims paid, if anyportions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitretention limits. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (First Trinity Financial CORP)

Recapture. The Whenever the Company changes its limits of retention, it shall promptly notify the Reinsurer. If the Company increases its retention limits, it may exercise its right of recapture if:and reduce the existing reinsurance by a corresponding amount, in accordance with the following rules. 1. The No reduction shall be made in the reinsurance on any policy unless the Company increases retained its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration maximum retention limit for the recapture period will plan, age and mortality ratings at the time the policy was issued. 2. The reduction in reinsurance shall be measured from the effective date of the original policy; and b) Recapture will be effected made on the next anniversary of each Reinsured Policy eligible policy affected. However, no reduction shall be made until a policy has been in-force for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025ten years. c) 3. The Company gives shall give the Reinsurer 30 ninety (90) days written notice of its intention to recapture; andrecapture existing business reinsured under this Agreement in accordance with its new limits of retention. d) The Company has maintained4. If any reinsurance is recaptured following a retention increase, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of all reinsurance eligible for which is subject to recapture will under these provisions must be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issuesimilarly recaptured. 5. If there is reinsurance with in other reinsurers companies on risks eligible for recapture, the Cologne's reduction will be applied pro rata in proportion to its share of the total outstanding reinsurancereinsurance on the life. 6. In applying its increased Retention Limit to Reinsured Policiesthe event that any reinsurance policy affected by recapture is overlooked, the age acceptance by the Reinsurer of reinsurance premiums after the effective dates of the reductions or cancellations shall not constitute or determine a liability on the part of the Reinsurer for such reinsurance, and mortality rating the Reinsurer shall be liable only for a refund of the premiums so received, without interest. 7. No reduction may be made in any supplemental benefits reinsured unless the life reinsurance is also being reduced. 8. If at the time of issue will be used to determine recapture the amount risk is an active claim for Waiver of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyPremium Disability, the liability of life risk shall be considered subject to recapture. However, the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss original disability reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of shall remain in force business under this agreement on which until such time as the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025disability claim ceases.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Maximum Dollar Retention Limit Limits, then it may also increase its Quota Share Percentage, set forth in Schedule A. Subsequent to both increases, Ceding Company may then, with 90 days' written notice to the Reinsurer, reduce or recapture the amount of reinsurance in force reinsurance ceded on an automatic basis provided, however, thatsubject to the following requirements: a) No i. An in-force cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Schedule A. The effective date of the original policy; and b) Recapture will reduction in reinsurance shall be effected on the next later of the first policy anniversary following the expiration of each Reinsured Policy eligible for the 90-day notice period to recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issuedanniversary date when the required minimum of years is attained, its quota share retention or as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference otherwise agreed between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issueparties. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new Quota Share Percentage. iii. If more than one policy per life is eligible for recapture, then the eligible policies may be recaptured beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. Recapture will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit or the full Quota Share Percentage as stated in Schedule A, whichever is less. v. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retentionlife with all reinsurers. vi. Recapture is optional, but if will not be made on a basis that may result in any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before anti-selection against the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2Reinsurer. The Reinsurer does one of maintains the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company discretion to determine when anti-selection has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025occurred.

Appears in 1 contract

Sources: Reinsurance Agreement (Mony America Variable Account L)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at least thirty (30) years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of an exchange or conversion, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if used. IDSL - [redacted] VUL IV Plus/VUL IV Plus-ES Doc# 2080257 19 Following the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a fee successor ceding company, then the successor ceding company has the option to recapture reinsurance. Recapture will be effected by way the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025business subject to recapture.

Appears in 1 contract

Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification or at least the lesser of its Per Life Retention Limit or [percentage amount] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at least [number] years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of a fully-underwritten exchange, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if used. Following the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. IDSL-NY VUL4/LP Select Treaty 20 If the Ceding Company transfers business that is reinsured under this Agreement to a fee successor ceding company, then the successor ceding company has the option to recapture reinsurance. Recapture will be effected by way the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025business subject to recapture.

Appears in 1 contract

Sources: Reinsurance Agreement (Ids Life of New York Account 8)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at [duration]. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of a fully-underwritten exchange, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitused. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Ids Life of New York Account 8)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, provided that: a) No The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share full retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured in a consistent mannerbusiness will be paid to the Company by the Reinsurer. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ ' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyUpon recapture, the liability of the Reinsurer each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The 1) In addition to any other recapture rights provided herein, the Company may has the option to recapture if: 1. The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of certain risk amounts after the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) plan only upon an increase in the Company’s maximum retention limit as set forth in Exhibit A. The Company gives will maintain the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its existing quota share retention as set out in Exhibit D. percentage of retention; however it may apply the percentage to the new increased limits. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention schedule been in effect at the time of issue. If there is The Company may apply its increased retention limits to reduce the amount of reinsurance with other reinsurers in force as follows: a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. b. The reduction of reinsurance on risks eligible for affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, the no reduction will be applied pro rata made prior to the policy anniversary specified in Exhibit D. c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Company’s new maximum retention limits in a consistent manner and the Company must increase its total outstanding reinsuranceamount of insurance on each reinsured life. In applying The Company may not revoke its increased Retention Limit election to Reinsured Policiesrecapture for policies becoming eligible at future anniversaries. When performed in accordance with the terms of this Agreement, there shall be no fee or penalty to the Company for exercising the Company’s increase in retention and recapture rights. If portions of the reinsured policy have been ceded to more than one reinsurer, the age and mortality rating Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue will be used to determine the issue. The amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession reinsurance eligible for recapture has been overlooked by is based on the Company, the liability current amount at risk as of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of exchange, less allowances conversion, or claims paidre-entry, if any. No the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be permitted if measured from the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless reinsurance on the original policy. After the effective date of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to any reinsured policies or portions of such reinsured policies eligible for recapture reinsurance. Recapture will be effected by way of that the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025has overlooked.

Appears in 1 contract

Sources: Automatic Coinsurance Agreement (Vericity, Inc.)

Recapture. The Ceding Company may recapture if:increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of [*] years from each such Reinsured Policy's effective date. 2. The Ceding Company increases must give Generali USA ninety (90) days written notice prior to its Retention Limit intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force force. 4. The reduction of reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy affected policies will apply and the duration for the recapture period will be measured from the become effective date of the original policy; and b) Recapture will be effected on the next policy anniversary date immediately following the notice of each election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policy Policies eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives under the Reinsurer 30 days written notice provisions of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent mannermanner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The parties’ obligations Ceding Company may not revoke its election to recapture for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture datepolicies becoming eligible at future anniversaries. 6. If this Agreement utilizes a cession eligible for recapture has been overlooked by "quota share" method of allocating the Company, reinsured risk and the liability Ceding Company recaptures a portion of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapturereinsured risk, it must notify apply the Reinsurer of its intention same percentage ceded to do so before each reinsurer when determining the rate increase takes effect. The recapture will amount to be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025recaptured .

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at least [number] years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of an exchange or conversion, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if used. IDSL - [redacted] 19 VUL IV Plus/VUL IV Plus-ES Doc#2081405 Following the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a fee successor ceding company, then the successor ceding company has the option to recapture reinsurance. Recapture will be effected by way the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025business subject to recapture.

Appears in 1 contract

Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Maximum Dollar Retention Limits shown in Section 3 of Schedule A, then it may, with 90 day's Written notice to the reinsurer, reduce or recapture the reinsurance in force subject to the following requirments: i. An in-force cession is not eligible for recapture until it has been reinsured for the minimum number of years shown in Section 7 of Schedule A. The effective date of the reduction in reinsurance will be the later of the first policy anniversary following the expiration of the 90-day notice period to recapture and the policy anniversary date when the required minimum number of years is attained. ii. On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new Maximum Dollar Retention Limits iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. The Ceding Company may not rescind its election to recapture for policies becoming eligible at future anniversaries. v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to reduce the total amount of reinsurance on the life with all reinsurers. vii. Recapture will not be made on a basis that may result in force reinsurance ceded on an automatic basis provided, however, that:any anti-selection against the Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has occurred. a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium periodviii. For a conversion, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from Upon the effective date of recapture and again six months following the original policy; and b) Recapture recapture, the Reinsurer will be effected calculate a terminal accounting that will include a refund of unearned premiums and unpaid claims. The Reinsurer will not pay to the Ceding Company any amount representing the reserve held on the next anniversary business. Payment of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives amounts specified in the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture terminal accounting will be the difference between the amount originally retained Reinsurer's full and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata final payment to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Ceding Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Coinsurance Agreement (Cuna Mutual Variable Life Insurance Account)

Recapture. The Ceding Company may recapture if:increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of 20 years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company increases must give Generali USA ninety (90) days written notice prior to its Retention Limit intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force force. 4. The reduction of reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy affected policies will apply and the duration for the recapture period will be measured from the become effective date of the original policy; and b) Recapture will be effected on the next policy anniversary date immediately following the notice of each election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policy Policies eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives under the Reinsurer 30 days written notice provisions of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent mannermanner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The parties’ obligations Ceding Company may not revoke its election to recapture for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture datepolicies becoming eligible at future anniversaries. 6. If this Agreement utilizes a cession eligible for recapture has been overlooked by "quota share" method of allocating the Company, reinsured risk and the liability Ceding Company recaptures a portion of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapturereinsured risk, it must notify apply the Reinsurer of its intention same percentage ceded to do so before each reinsurer when determining the rate increase takes effect. The recapture will amount to be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025recaptured.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The Company may If FORTIS BENEFITS increases its retention limits, then it may, with 90 days’ written notice to SECURITY, reduce or recapture ifthe reinsurance in force subject to the following requirements: 1. The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No i. A cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Schedule A. The effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out reduction in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between later of the amount originally retained first policy anniversary following the expiration of the 90-day notice period to recapture and the amount policy anniversary date when the Company would have retained on the same quota share basis had the new retention been in effect at the time required minimum of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new retention limits. iii. If more than one policy per life is eligible for recapture, then the eligible policies may be recaptured beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies’ issue dates. iv. Recapture of reinsurance will not be allowed on any policy for which FORTIS BENEFITS did not keep its maximum retention at issue. FORTIS BENEFITS retention limits are stated in Section 3 of Schedule A. v. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in SECURITY’s reinsurance on that policy will be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, life with all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitreinsurers. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurancevi. Recapture will not be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025made on a basis that may result in any anti-selection against SECURITY as it, in its discretion, may determine.

Appears in 1 contract

Sources: Reinsurance Agreement (Union Security Insurance Co Variable Account C)

Recapture. The Company may recapture if: 1. The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture 12.1 Recapture is made not available until the Reinsured Policy has been in force through the end of the level premium periodtenth (10th) policy year and then must be in conjunction with an increase in the Ceding Company’s maximum schedule of retention. For a conversion, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Ceding Company would have retained on the same quota share basis had the new retention schedule been in effect at the time of issue. If there is the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured’s issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of reinsurance with other reinsurers in force as follows. a. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date to commence recapture. b. The reduction of reinsurance on risks eligible for affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, the no reduction will be applied pro rata made until a policy has been in force for at least ten (10) years. c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total outstanding reinsuranceamount of insurance on each reinsured life. In applying The Ceding Company may not revoke its increased Retention Limit election to Reinsured Policiesrecapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the age and mortality rating Ceding Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue will be used to determine the issue. The amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession reinsurance eligible for recapture has been overlooked by is based on the Company, the liability current amount at risk as of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of exchange, less allowances conversion, or claims paidre-entry, 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. If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer will continue to pay its share of the waiver claim until it terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if anythere were no waiver claim in effect. After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. The acceptance by the Reinsurer of reinsurance premiums under these circumstances shall not constitute a liability on the part of the Reinsurer for such reinsurance. The Reinsurer shall be liable only for a refund of premiums. The terms and conditions for the Ceding Company to recapture reinsured policies, as made necessary by the insolvency of the Reinsurer, are set forth in Article 16.2. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitretention limits. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Yearly Renewable Term Reinsurance Agreement (American National Variable Life Separate Account)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, provided that: a) No The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share full retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a consistent mannerhigher Retention Limit than previously used by the Company. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyUpon recapture, the liability of the Reinsurer each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at least [number] years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of an exchange or conversion, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if used. Following the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a fee successor ceding company, then the successor ceding company has the option to recapture reinsurance. Recapture will be effected by way the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025business subject to recapture.

Appears in 1 contract

Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, provided that: a) No The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share full retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a consistent mannerhigher Retention Limit than previously used by the Company. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ ' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyUpon recapture, the liability of the Reinsurer each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide VLI Separate Account-7)

Recapture. The Company may If the CEDING COMPANY increases its retention limits, then it may, with 90 days written notice to the REINSURER, reduce or recapture ifthe reinsurance in force subject to the following requirements: 1. The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No i. A cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Schedule A. The effective date of the original policy; and b) Recapture will reduction in reinsurance shall be effected on the next later of the first policy anniversary following the expiration of each Reinsured Policy eligible for the 90 day notice period to recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount anniversary date when the required minimum of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new retention limits. iii. If more than one policy per life is eligible for recapture, then the eligible policies may be recaptured beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. Recapture of reinsurance will not be allowed on any policy for which the CEDING COMPANY did not keep its maximum retention at issue. The CEDING COMPANY's retention limits are stated in Section 3 of Schedule A. v. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction will in the REINSURER's reinsurance on that policy shall be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, life with all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitreinsurers. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurancevi. Recapture will not be effected by way of made on a basis that may result in any anti-selection against the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025REINSURER as it, in its discretion, may determine.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Maximum Dollar Retention Limit Limits listed in Section 2 of Schedule A, then it may, with 90 days' written notice to the Reinsurer, reduce or recapture the amount of reinsurance in force reinsurance ceded on an automatic basis provided, however, thatsubject to the following requirements: a) No i. An in-force cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Section 4 of Schedule A. The effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out reduction in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between later of the amount originally retained first policy anniversary following the expiration of the 90-day notice period to recapture and the amount policy anniversary date when the Company would have retained on the same quota share basis had the new retention been in effect at the time required minimum number of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, the reduction reinsurance will be applied pro rata reduced by the amount necessary to increase the total insurance retained up to the total outstanding reinsurancenew Maximum Dollar Retention Limits. iii. In applying If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. The Ceding Company may not rescind its increased election to recapture for policies becoming eligible at future anniversaries. v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent mannerissue. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Ceding Company, the liability 's Maximum Dollar Retention Limits are stated in Section 2 of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025Schedule A.

Appears in 1 contract

Sources: Facultative Yearly Renewable Term Reinsurance Agreement (Farmers Variable Life Separate Account A)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Maximum Dollar Retention Limits shown in Section 3 of Schedule A, then it may, with 90 days’ written notice to the Reinsurer, reduce or recapture the reinsurance in force subject to the following requirements: i. An in-force cession is not eligible for recapture until it has been reinsured for the minimum number of years shown in Section 7 of Schedule A. The effective date of the reduction in reinsurance will be the later of the first policy anniversary following the expiration of the 90-day notice period to recapture and the policy anniversary date when the required minimum number of years is attained. ii. On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new Maximum Dollar Retention Limits. iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies’ issue dates. iv. The Ceding Company may not rescind its election to recapture for policies becoming eligible at future anniversaries. v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company’s Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer’s reinsurance on that policy will be in proportion to reduce the total amount of reinsurance on the life with all reinsurers. vii. Recapture will not be made on a basis that may result in force reinsurance ceded on an automatic basis provided, however, that:any anti-selection against the Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has occurred. a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium periodviii. For a conversion, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from Upon the effective date of recapture and again six months following the original policy; and b) Recapture recapture, the Reinsurer will be effected calculate a terminal accounting that will include a refund of unearned premiums and unpaid claims. The Reinsurer will not pay to the Ceding Company any amount representing the reserve held on the next anniversary business. Payment of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives amounts specified in the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture terminal accounting will be the difference between the amount originally retained Reinsurer’s full and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata final payment to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Ceding Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Kansas City Life Insurance Co)

Recapture. The If the Ceding Company may increases its Maximum Retention Per Life, it shall have the right to recapture ifceded reinsurance in accordance with the following rules: 1. The Company increases its Retention Limit to reduce the amount of Risk has been reinsured under this Agreement and in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until for the Reinsured Policy has been minimum period shown in force through the end Exhibit A-Retention Schedule of the level premium periodCeding Company. 2. For a conversionThe Ceding Company retained its Maximum Retention Per Life for the plan, age and mortality rating at the time the policy was issued under this Agreement and in accordance with Exhibit A, Retention Schedule of the Ceding Company. 3. All reinsurance eligible for Recapture under the provisions of this Article, must be Recaptured. 4. The Risk will be Recaptured on the anniversary date of the policy following the recapture notification letter unless agreed upon in writing by both parties. 5. If the Ceding Company elects recapture, the Ceding Company will recapture terms all individual life risks that are reinsured between the Reinsurer and the Ceding Company under any other reinsurance agreement which are eligible for recapture. In the event of the original policy insolvency of the Reinsurer, this requirement will apply and not apply. To effect recapture, the duration for Ceding Company must notify the recapture period will be measured from Reinsurer of its intent to do so within ninety (90) days of the effective date of the original policy; and b) increase in its Maximum Retention Per Life limits. The Ceding Company may apply the new limits of Maximum Retention Per Life to existing ceded reinsurance and reduce and Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. reinsurance inforce. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Ceding Company would have retained on the same quota share basis as described in Exhibit A had the new retention Maximum Retention Per Life been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Minnesota Life Individual Variable Universal Life Account)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, provided that: a) No The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and d) Other than as respects stop-loss, catastrophe, financial reinsurance arrangements, or sale of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount a block of business, the Company would have retained on will retain all risks so recaptured and is prohibited from ceding in any form any of the same quota share basis had recaptured business without the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer’s prior written consent. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. ODB# 103515US-09 Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured in a consistent mannerbusiness will be paid to the Company by the Reinsurer. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyUpon recapture, the liability of the Reinsurer each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (First Investors Life Level Premium Variable Lif Ins Sep Ac B)

Recapture. The Company may recapture if: 1. The Company increases apply its Retention Limit increased retention limits to reduce the amount of in force reinsurance ceded on an automatic basis Reinsured Policies provided, however, that: a) No 8.2.1 The Company gives the Reinsurer written notice of its intention to recapture is within 90 days of the effective date of the retention increase; and 8.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium period. period stated in Exhibit C. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) 8.2.3 The Company has maintained, maintained from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount of reinsurance eligible D for recapture will be the difference between the amount originally retained plan and the amount the Company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks will not be eligible for recapture, ; and 8.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer. In applying its increased Retention Limit Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. Recapture as provided herein is optionaloptional with the Company, but if any reinsured business Reinsured Policy is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has been overlooked by under the Companyprovisions of this Article must be recaptured. If there is reinsurance in other companies on risks eligible for recapture, the liability of the Reinsurer will necessary reduction is to be limited applied pro rata to the refund of the total outstanding reinsurance. The amount of premiums accepted by reinsurance eligible for recapture is based on the Reinsurer after reinsurance net amount at risk as of the date of recapture, less allowances or claims paid, if any. The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will be permitted occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect and the Reinsurer will continue to pay its Retention Limit. 2share of the W.P. claim until it terminates. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such Reinsured Policies eligible for recapture that the Company has overlooked. The Reinsurer will be liable only for a fee credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture reinsurance. Recapture will be effected by way in force Reinsured Policies due to the insolvency of the Company not remitting applicable premiumsReinsurer are set out in the Insolvency clause in Article 11. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025If the company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than the Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide Vli Separate Account 5)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Maximum Dollar Retention Limit Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the Reinsurer, reduce or recapture the amount of reinsurance in force reinsurance ceded on an automatic basis provided, however, thatsubject to the following requirements: a) No i. An in-force cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Section 7 of Schedule A. The effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out reduction in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between later of the amount originally retained first policy anniversary following the expiration of the 90-day notice period to recapture and the amount policy anniversary date when the Company would have retained on the same quota share basis had the new retention been in effect at the time required minimum number of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new Maximum Dollar Retention Limits. iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. The Ceding Company may not rescind its election to recapture for policies becoming eligible at future anniversaries. v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retentionlife with all reinsurers. vii. Recapture is optional, but if will not be made on a basis that may result in any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before anti-selection against the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2Reinsurer. The Reinsurer does one of maintains the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company discretion to determine when anti-selection has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025occurred.

Appears in 1 contract

Sources: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The Company may recapture if: 1. The ) Whenever the Company increases its Retention Limit to reduce maximum retention limits over the amount of maximum retention limits set forth in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversionExhibit A, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. option to recapture certain risk amounts. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made prior to the policy anniversary specified in Exhibit C. c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Company’s new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the The amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession reinsurance eligible for recapture has been overlooked by is based on the Company, the liability current amount at risk as of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of an internal exchange, less allowances conversion or claims paidre-entry, if any. No the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be permitted if measured from the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless reinsurance on the original policy. After the effective date of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to any reinsured policies or portions of such reinsured policies eligible for recapture reinsurance. Recapture will be effected by way of that the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025has overlooked.

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide VL Separate Account-G)

Recapture. The Company may recapture ifIf the CEDING COMPANY elects to increases its retention limits, then it may, with 90 days prior written notice to the REINSURER, reduce the reinsurance in force ("Recapture") subject to the following requirements: 1. i) A Reinsured Policy is not eligible for Recapture until it has been reinsured for the minimum number of years shown in Schedule A. The Company increases its Retention Limit to reduce effective date for a Reinsured Policy's Recapture shall be the first policy anniversary following the expiration of the Recapture notice period and the required minimum number of years is attained. ii) On all policies eligible for recapture, reinsurance will be reduced by the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until necessary to increase the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention total insurance retained up to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been limits. iii) If more than one policy per life is eligible for Recapture, then the eligible policies may be Recaptured beginning with the policy with the earliest issue date and continuing in effect chronological order according to the remaining policies' issue dates. iv) Recapture of Reinsured Policies automatically reinsured pursuant to Section 2 is not allowed if the CEDING COMPANY did not keep its maximum retention (Section 3 of Schedule A) at the time of issue. This does not apply reinsurance was provided on a "facultative" basis. v) If there is reinsurance with other reinsurers on risks any policy eligible for recapturerecapture is also eligible for recapture from other reinsurers, the reduction will in the REINSURER'S reinsurance on that policy shall be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party life with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025all reinsurers.

Appears in 1 contract

Sources: Reinsurance Agreement (Bma Variable Life Account A)

Recapture. The If the Ceding Company may recapture ifincreases its Retention, it shall have the right to Recapture ceded reinsurance in accordance with the following rules: 1. The Company increases its Retention Limit to reduce the amount of Risk has been reinsured under this Agreement and in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until for the Reinsured Policy has been minimum period shown in force through the end Exhibit C-Retention Schedule of the level premium periodCeding Company. 2. The Ceding Company retained its maximum limit of Retention for the plan, age and mortality rating at the time the policy was issued under this Agreement and in accordance with Exhibit A, Retention Schedule of the Ceding Company. 3. All reinsurance eligible for Recapture under the provisions of this Article, must be Recaptured. 4. The Risk will be Recaptured on the anniversary date of the policy following the Recapture notification letter unless agreed upon in writing by both parties. 5. For a conversionany death that occurred prior to Recapture, the recapture terms Ceding Company’s retention limit at the time of death will apply. 6. After the original policy effective date of Recapture, the Reinsurer will apply and not be liable for any policies or portions of such policies eligible for Recapture that the duration for Ceding Company has overlooked. 7. An increase in quota share will not entitle the recapture period will be measured from Ceding Company to a Recapture. To effect Recapture, the Ceding Company must notify the Reinsurer of its intent to do so within ninety (90) days of the effective date of the original policy; and b) increase in its Retention limits. The Ceding Company may apply the new limits of Retention to existing ceded reinsurance and reduce and Recapture will be effected on the next anniversary of each Reinsured Policy reinsurance inforce. The amount eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture Recapture will be the difference between the amount originally retained and the amount the Ceding Company would have retained on the same quota share basis had the new retention Retention schedule been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Minnesota Life Individual Variable Universal Life Account)

Recapture. The Company may recapture if: 1. The When the Company increases its Corporate Maximum Retention Limit pursuant to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversionthis Agreement, the Company may, at its option, recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention an amount equal to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share reinsurance basis as specified in the Exhibits hereto had the new retention Corporate Maximum Retention Limit been in effect at the time of issue, provided: i. The Company gives the Reinsurer written notice of its intention to recapture within ninety (90) days of the effective date of the Corporate Maximum Retention Limit increase; and ii. If there is reinsurance such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with other reinsurers on risks eligible no recapture being made until the Reinsured Policy has been in force for recapturethe period specified in the Exhibits hereto; and iii. the Company has maintained, from the reduction will be applied pro rata time the Policy was issued, an amount equal to the total outstanding reinsuranceapplicable Corporate Maximum Retention Limit for the plan and the insured's classification; and iv. the Company has applied its increased Corporate Maximum Retention Limit in a consistent manner to all categories of its Retention Limits specified in the Exhibits hereto unless otherwise agreed to by the Reinsurer. In applying its increased Corporate Maximum Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. Recapture is optional, but if any reinsured business is recapturedIf the Company exercises its option to recapture, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has been overlooked by under the Companyprovisions of this Article must be recaptured. If there is reinsurance in other companies on risks eligible for recapture, the liability of the Reinsurer will necessary reduction is to be limited applied pro rata to the refund of the total outstanding reinsurance. The amount of premiums accepted by reinsurance eligible for recapture is based on the Reinsurer after reinsured net amount at risk as of the date of recapture, less allowances or claims paid, if any. The Company may not revoke its election to recapture on Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will be permitted occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2Limits. The Following the effective date of recapture, the Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates will not be liable for claims on any block Reinsured Policies or portions of in force business under this agreement on which such Reinsured Policies that are eligible for recapture but the Company has not raised its retail overlooked. In this instance, the Reinsurer will be liable only for a credit of the premiums or cost received after the effective date of insurance charges; or brecapture, less any allowance. If Waiver of Premium (WP) Increases its reinsurance premium rates is a reinsured benefit on any block Reinsured Policy covered by this Agreement and there is a WP claim in effect with respect to a Reinsured Policy when recapture takes place, the WP claim will stay in effect and the Reinsurer will continue to pay its share of in force business by an amount greater than the corresponding increase made by WP claim until such claim terminates. During such period, the Company Reinsurer will not be liable for any other benefits with respect to its retail premiums or cost of insurance chargesthe Reinsured Policy, including the basic life risk, which are eligible for recapture. All eligible benefits will be recaptured as if there was no WP claim. If the Company elects transfers business that is reinsured under this Agreement to recapturea successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than that of the Company. Should the successor company have a higher retention limit than the Company and exercises a right to recapture the business it must notify the Reinsurer of its intention to may do so before the rate increase takes effectonly ratably over a 36-month period. The recapture will be effective on terms and conditions of the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee Company’s right to recapture reinsurance. Recapture will be effected by way due to the Reinsurer’s insolvency are specified in the Insolvency section of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025this Agreement.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The Company may recapture if: 1. The 11.1 Whenever the Ceding Company increases its Retention Limit maximum retention limits over the maximum retention limits set forth in Exhibit A, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows. (a) The Ceding Company must give MARC thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for at least the end number of years specified in Exhibit D. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the level premium periodreinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply apply, and the duration period for the purpose of recapture period will be measured from the effective date of the reinsurance on the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other reinsurers on risks benefits, including the basic life risk, that are eligible for recapture, the reduction . All such eligible benefits will be applied pro rata to recaptured as if there were no waiver claim in effect. After the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the effective date of recapture, less allowances MARC will not be liable for any reinsured policies or claims paidportions of such reinsured policies eligible for recapture that the Ceding Company has overlooked, if anyprovided however that MARC will be liable for a refund in full of any premium so received. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitretention limits. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, provided that: a) No The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share full retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured in a consistent mannerbusiness will be paid to the Company by the Reinsurer. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyUpon recapture, the liability of the Reinsurer each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the amount of in force inforce reinsurance ceded on an automatic basis provided, however, provided that: a) No The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of period specified in the level premium periodapplicable Exhibit. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share maximum limit of retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. Eligible reinsured business means business with the same form of underwriting. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured in a consistent mannerbusiness will be paid to the Company by the Reinsurer. (QT 2▇▇▇▇▇▇▇▇) Effective as of the recapture date, the Reinsurer will not be liable for any eligible reinsured business which was overlooked. The parties’ ' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date, including payment of the termination settlement amount. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture Upon recapture, each party will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business deemed to be fully and finally released from all obligations under this agreement on which Agreement with respect to the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at least ten (10) years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of a fully-underwritten exchange, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if used. Following the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. IDSL VUL4/LP Select Treaty 19 If the Ceding Company transfers business that is reinsured under this Agreement to a fee successor ceding company, then the successor ceding company has the option to recapture reinsurance. Recapture will be effected by way the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025business subject to recapture.

Appears in 1 contract

Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Company may recapture if: 1. The If the Ceding Company increases its Retention Limit retention limits, then it may, with 90 days' written notice to the Reinsurer, reduce or recapture the amount of reinsurance in force reinsurance ceded on an automatic basis provided, however, that:subject to the following requirements. a) No i. A cession is not eligible for recapture is made until the Reinsured Policy it has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration reinsured for the recapture period will be measured from the minimum number of years shown in Schedule A. The effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out reduction in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between later of the amount originally retained first policy anniversary following the expiration of the 90-day notice period to recapture and the amount policy anniversary date when the Company would have retained on the same quota share basis had the new retention been in effect at the time required minimum of issueyears is attained. ii. If there is reinsurance with other reinsurers on risks On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new retention limits. iii. If more than one policy per life is eligible for recapture, then the eligible policies may be recaptured beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its maximum retention at issue. The Ceding Company Company's retention limits are stated in Section 3 of Schedule A. v. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be applied pro rata in proportion to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance on the Company’s increased retentionlife with all reinsurers. 10 vi. Recapture is optional, but if will not be made on a basis that may result in any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before anti-selection against the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2Reinsurer. The Reinsurer does one of maintains the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company discretion to determine when anti-selection has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025occurred.

Appears in 1 contract

Sources: Reinsurance Agreement (Vel Ii Account of Allmerica Financial Life Ins & Ann Co)

Recapture. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit to reduce the ceded amount of in force inforce reinsurance ceded on an automatic basis provided, however, provided that: a) No The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod specified in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share full retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. The In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company's increased retention. For policies issued on an excess retention basis, the amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. For policies issued on a quota share basis, the amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured in a consistent mannerbusiness will be paid to the Company by the Reinsurer. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ ' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyUpon recapture, the liability of the Reinsurer each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapturerecaptured business. Exhibit A Business Covered Agreement Effective Date: June 1, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 22008. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible commencement dates for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025specific plans are shown below.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. Reinsured policies will not be eligible for recapture due solely to an increase in the Company’s quota share percentage retained. The Company may recapture if: 1. The Company increases apply an increase in its Retention Limit limit to reduce the amount of in force inforce reinsurance ceded on an automatic basis provided, however, that: a) No The Company gives the Reinsurer an irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture is unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force through for the end of period specified in the level premium periodapplicable Exhibit. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business eligible must be recaptured. Eligible reinsured business means business with the same form of underwriting. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must 12107058US·19 (01-01-2019) IOT17345US1Bl be similarly recaptured. No reserves for the recaptured in a consistent mannerbusiness will be paid to the Company by the Reinsurer. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability including payment of the Reinsurer termination settlement amount. Upon recapture, each party will be limited deemed to be fully and finally released from all obligations under this Agreement with respect to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitrecaptured business. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Company may recapture if: 1. The Company increases apply its Retention Limit increased retention limits to reduce the benefit amount of in force reinsurance ceded on an automatic basis Reinsured Policies provided, however, that: a) No 6.2.1 The Company gives the Reinsurer written notice of its intention to recapture is within 90 days of the effective date of the retention increase; and 6.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium period. period stated in Exhibit C. For a conversionconversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) 6.2.3 The Company has maintained, maintained from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount of reinsurance eligible D for recapture will be the difference between the amount originally retained plan and the amount the Company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks will not be eligible for recapture, ; and 6.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer. In applying its increased Retention Limit Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. Recapture as provided herein is optionaloptional with the Company, but if any reinsured business Reinsured Policy is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has been overlooked by under the Companyprovisions of this Article must be recaptured. If there is reinsurance in other companies on risks eligible for recapture, the liability of the Reinsurer will necessary reduction is to be limited applied pro rata to the refund of the total outstanding reinsurance. The amount of premiums accepted by reinsurance eligible for recapture is based on the Reinsurer after reinsurance net amount at risk as of the date of recapture, less allowances or claims paid, if any. No The Company may not recapture will be permitted reinsurance if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until the W.P. claim terminates. The Reinsurer does one will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of the followingrecapture, regardless for any Reinsured Policies or portions of the such Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which Policies eligible for recapture, that the Company has not raised its retail premiums or cost overlooked. The Reinsurer will be liable only for a credit of insurance charges; or b) Increases its reinsurance premium rates on the premiums, received after the recapture date, less any block of in force business by an amount greater than the corresponding increase made by allowance. The terms and conditions for the Company to its retail premiums or cost recapture in force Reinsured Policies due to the insolvency of insurance chargesthe Reinsurer are set out in the Insolvency clause in Article 10. If the Company elects transfers business which is reinsured under this Agreement to recapturea successor company, it must notify then the Reinsurer of its intention successor company has the option to do so before recapture the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provisionreinsurance, unearned premiums, net of outstanding balances, will be paid by the party in accordance with the positive balance. The Company shall not be liable for recapture criteria outlined in this Article, only if the successor company has a fee to recapture reinsurance. Recapture will be effected by way of higher retention limit than the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025Company.

Appears in 1 contract

Sources: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The Company may recapture if: 1. The 12.1 Whenever the Ceding Company increases its Retention Limit maximum retention limits over the maximum retention limits set forth in Exhibit A, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured’s issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows. (a) The Ceding Company must give XXXX thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for at least 20 years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the Ceding Company’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the level premium periodreinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply apply, and the duration period for the purpose of recapture period will be measured from the effective date of the reinsurance on the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with a reinsured waiver of premium claim in effect when recapture takes place, XXXX will continue to pay its share of the waiver claim until it terminates. XXXX will not be liable for any other reinsurers on risks benefits, including the basic life risk, that are eligible for recapture, the reduction . All such eligible benefits will be applied pro rata to recaptured as if there were no waiver claim in effect. After the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the effective date of recapture, less allowances XXXX will not be liable for any reinsured policies or claims paid, if anyportions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitretention limits. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The Company may recapture if: 1. The Company 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for a duration of at least [number] years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the level premium periodCeding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a conversionpolicy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the recapture terms of revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy were eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential from all reinsurers who have a share of the risk on that policy (C3) 14 Execution Copy_7_16_2025 c) The Company gives or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer 30 days written notice because of its intention to recapture; and d) The Company has maintainedan unattained duration requirement, from the time Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy was issued, its quota were not eligible for recapture by any of the reinsurers who have or had a share retention as set out in Exhibit D. of the risk on the policy. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained is based on the same quota share basis had the new retention been in effect Net Amount at the time Risk as of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture. For a policy issued as a result of an exchange or conversion, less allowances or claims paid, if any. No the policy date and current duration of the new policy and the recapture provisions under this Agreement will be permitted if used. IDSL - [redacted] 20 VUL IV Plus/VUL IV Plus-ES Doc# 2081398 Following the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one effective date of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a fee successor ceding company, then the successor ceding company has the option to recapture reinsurance. Recapture will be effected by way the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025business subject to recapture.

Appears in 1 contract

Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Company may recapture if1. If the CEDING COMPANY increases its regular retention limits, it has the option of reducing reinsurance under this Agreement, provided it: 1. The Company increases a. applies the increase in retention in a consistent manner to all categories of its Retention Limit regular retention limits; b. notifies the REINSURER in writing of its intention to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, start the recapture terms of the original policy will apply and the duration for the recapture period will be measured from process within ninety (90) days after the effective date of the original policyincrease in retention; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of c. reduces all reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, including any supplementary benefits. 2. If the reduction will be applied pro rata CEDING COMPANY decides to recapture, then it can recapture those risks where: a. the total outstanding reinsurance. In applying CEDING COMPANY has kept its increased Retention Limit to Reinsured Policiesmaximum retention limit on that life for the plan, the age and mortality rating at the time the policy was issued as shown in Exhibit C; and b. the reinsurance on that risk has been in force with the REINSURER for at least the number of issue years stated in Exhibit D. 3. The CEDING COMPANY will effect the recapture as follows: a. The CEDING COMPANY will reduce the reinsurance on the policy's next anniversary following the period stated in Exhibit D. b. The REINSURER's share of the reduction will be used in proportion to determine the amount its share of the Company’s increased retention. Recapture total reinsurance on the person. c. The CEDING COMPANY will reduce the reinsurance by an amount equal to the difference between the CEDING COMPANY's new retention per life and the retention in existence at the time the policy was issued or last recaptured. d. If there is optionalan active claim for waiver of premium disability on that person, the life reinsurance will be recaptured, but if any reinsured business is the claim will remain with the REINSURER until it terminates, at which time the disability insurance will also be recaptured, all business eligible must be recaptured in a consistent manner. 4. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before If the CEDING COMPANY overlooks the recapture date. If a cession eligible for recapture has been overlooked by of any reinsurance and the CompanyREINSURER subsequently accepts reinsurance premiums on such reinsurance, the liability of the Reinsurer REINSURER will only be limited to liable for the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balancesless any allowances and premium taxes if applicable, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025without interest.

Appears in 1 contract

Sources: Reinsurance Agreement (Mony America Variable Account L)

Recapture. The Company may recapture if: 1. The Company increases apply its Retention Limit increased retention limits to reduce the amount of in force reinsurance ceded on an automatic basis Reinsured Policies provided, however, that: a) No 8.2.1 The Company gives the Reinsurer written notice of its intention to recapture is within 90 days of the effective date of the retention increase; and 8.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium period. period stated in Exhibit C. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) 8.2.3 The Company has maintained, maintained from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount of reinsurance eligible D for recapture will be the difference between the amount originally retained plan and the amount the Company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks will not be eligible for recapture, ; and 8.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer. In applying its increased Retention Limit Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s 's increased retention. Recapture as provided herein is optionaloptional with the Company, but if any reinsured business Reinsured Policy is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has been overlooked by under the Companyprovisions of this Article must be recaptured. If there is reinsurance in other companies on risks eligible for recapture, the liability of the Reinsurer will necessary reduction is to be limited applied pro rata to the refund of the total outstanding reinsurance. The amount of premiums accepted by reinsurance eligible for recapture is based on the Reinsurer after reinsurance net amount at risk as of the date of recapture, less allowances or claims paid, if any. The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will be permitted occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect and the Reinsurer will continue to pay its Retention Limit. 2share of the W.P. claim until it terminates. The Reinsurer does one will not be liable for any other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of the followingrecapture, regardless for any Reinsured Policies or portions of the such Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which Policies eligible for recapture that the Company has not raised its retail premiums or cost overlooked. The Reinsurer will be liable only for a credit of insurance charges; or b) Increases its reinsurance premium rates on the premiums, received after the recapture date, less any block of in force business by an amount greater than the corresponding increase made by allowance. The terms and conditions for the Company to its retail premiums or cost recapture in force Reinsured Policies due to the insolvency of insurance chargesthe Reinsurer are set out in the Insolvency clause in Article 11. If the Company elects transfers business which is reinsured under this Agreement to recapturea successor company, it must notify then the Reinsurer of its intention successor company has the option to do so before recapture the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provisionreinsurance, unearned premiums, net of outstanding balances, will be paid by the party in accordance with the positive balance. The Company shall not be liable for recapture criteria outlined in this Article, only if the successor company has or adopts a fee to recapture reinsurance. Recapture will be effected by way of higher retention limit than the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide Vli Separate Account 6)

Recapture. The Company may recapture if: 1. The 11.1 Whenever the Ceding Company increases its Retention Limit maximum retention limits over the maximum retention limits set forth in Exhibit A, the Ceding Company, through the Administrator, has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured’s issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows. (a) The Ceding Company, through the Administrator, must give MARC thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force for at least twenty (20) years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Ceding Company, through the end Administrator, must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the level premium perioddate of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply apply, and the duration period for the purpose of recapture period will be measured from the effective date of the reinsurance on the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other reinsurers on risks benefits, including the basic life risk, that are eligible for recapture, the reduction . All such eligible benefits will be applied pro rata to recaptured as if there were no waiver claim in effect. After the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the effective date of recapture, less allowances MARC will not be liable for any reinsured policies or claims paid, if anyportions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limitretention limits. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 1 contract

Sources: Automatic Yrt Second Excess Reinsurance Agreement (First Trinity Financial CORP)

Recapture. The Company may recapture if: 1. The 11.1 Whenever the Ceding Company increases its Retention Limit maximum retention limits over the maximum retention limits set forth in Exhibit A, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows. (a) The Ceding Company must give MARC thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for at least twenty (20) years. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the level premium periodreinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply apply, and the duration period for the purpose of recapture period will be measured from the effective date of the reinsurance on the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other reinsurers on risks benefits, including the basic life risk, that are eligible for recapture, the reduction . All such eligible benefits will be applied pro rata to recaptured as if there were no waiver claim in effect. After the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the effective date of recapture, less allowances MARC will not be liable for any reinsured policies or claims paidportions of such reinsured policies eligible for recapture that the Ceding Company has overlooked, if anyprovided however that MARC will be liable for a refund in full of any premium so received. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2retention limits. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025-------------------------------------------------------------------------------- [GRAPHIC OMITTED] MARC MUNICH RE GROUP

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. The Whenever the Company changes its limits of retention, it shall promptly notify the Reinsurer. If the Company increases its retention limits, it may exercise its right of recapture if:and reduce the existing reinsurance by a corresponding amount, in accordance with the following rules. 1. The No reduction shall be made in the reinsurance on any policy unless the Company increases retained its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the recapture terms of the original policy will apply and the duration maximum retention limit for the recapture period will plan, age and mortality ratings at the time the policy was issued. 2. The reduction in reinsurance shall be measured from the effective date of the original policy; and b) Recapture will be effected made on the next anniversary of each Reinsured Policy eligible policy affected. However, no reduction shall be made until a policy has been in-force for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025twenty years. c) 3. The Company gives shall give the Reinsurer 30 ninety (90) days written notice of its intention to recapture; andrecapture existing business reinsured under this Agreement in accordance with its new limits of retention. d) The Company has maintained4. If any reinsurance is recaptured following a retention increase, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of all reinsurance eligible for which is subject to recapture will under these provisions must be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issuesimilarly recaptured. 5. If there is reinsurance with in other reinsurers companies on risks eligible for recapture, the Reinsurer's reduction will be applied pro rata in proportion to its share of the total outstanding reinsurancereinsurance on the life. 6. In applying its increased Retention Limit to Reinsured Policiesthe event that any reinsurance policy affected by recapture is overlooked, the age acceptance by the Reinsurer of reinsurance premiums after the effective dates of the reductions or cancellations shall not constitute or determine a liability on the part of the Reinsurer for such reinsurance, and mortality rating the Reinsurer shall be liable only for a refund of the premiums so received, without interest. 7. No reduction may be made in any supplemental benefits reinsured unless the life reinsurance is also being reduced. 8. If at the time of issue will be used to determine recapture the amount risk is an active claim for Waiver of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the CompanyPremium Disability, the liability of life risk shall be considered subject to recapture. However, the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. No recapture will be permitted if the Company has either obtained or increased stop loss original disability reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of shall remain in force business under this agreement on which until such time as the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance chargesdisability claim ceases. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025GENERAL & COLOGNE LIFE RE OF AMERICA

Appears in 1 contract

Sources: Reinsurance Agreement (Carillon Life Account)

Recapture. The Not more than once in any consecutive twenty-four month period, the Company may recapture if: 1. The Company increases apply its Retention Limit increased maximum retention limits to reduce the amount of in force reinsurance ceded on an automatic basis Reinsured Policies provided, however, that: a) No 8.2.1 The Company gives the Reinsurer irrevocable written notice of its intention to recapture is within 90 days of the effective date of the maximum retention limit increase; and 8.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with no recapture being made until the Reinsured Policy has been in force through for the end of the level premium periodperiod stated in Exhibit C-1. For a conversionconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) 8.2.3 The Company has maintained, maintained from the time the policy was issued, its quota share full retention as set out in Exhibit D. The amount of reinsurance eligible D for recapture will be the difference between the amount originally retained plan and the amount insured’s classification; and 8.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer; and 8.2.5 Other than as respects bona fide catastrophe or financial reinsurance arrangements, the Company would have retained on will retain all risks so recaptured and is prohibited from ceding in any form any of the same quota share basis had recaptured business without the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsuranceReinsurer’s prior written consent. In applying its increased Retention Limit Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased maximum retention. The amount of reinsurance eligible for recapture is based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the total outstanding reinsurance. Recapture as provided herein is optionaloptional with the Company, but if any reinsured business Reinsured Policy is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession Reinsured Policies eligible for recapture has under the provisions of this Article must be similarly recaptured as well as all eligible life risks reinsured under any other reinsurance agreement in force between, on one hand, the Reinsurer and, on the other hand, the Company or any common retention affiliate thereof as to which any recapture rights may then be available to the Company or such affiliate. For purposes of this provision, the term “common retention affiliate” means any affiliate of the Company as to which corporate mortality risk retention levels have been overlooked by managed on a coordinated basis with the Company, the liability of the Reinsurer will be limited ’s risk retention program. The Company may not revoke its election to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if anyrecapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will be permitted occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in maximum retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect and the Reinsurer will continue to pay its Retention Limit. 2share of the W.P. claim until it terminates. The Reinsurer does one will not be liable for any other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of the followingrecapture, regardless for any Reinsured Policies or portions of the such Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which Policies eligible for recapture that the Company has not raised its retail premiums or cost overlooked. The Reinsurer will be liable only for a credit of insurance charges; or b) Increases its reinsurance premium rates on the premiums, received after the recapture date, less any block of in force business by an amount greater than the corresponding increase made by allowance. The terms and conditions for the Company to its retail premiums or cost recapture in force Reinsured Policies due to the insolvency of insurance chargesthe Reinsurer are set out in the Insolvency clause in Article 11. If the Company elects transfers business which is reinsured under this Agreement to recapturea successor company, it must notify then the Reinsurer of its intention successor company has the option to do so before recapture the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provisionreinsurance, unearned premiums, net of outstanding balances, will be paid by the party in accordance with the positive balance. The Company shall not be liable for recapture criteria outlined in this Article, only if the successor company has or adopts a fee to recapture reinsurance. Recapture will be effected by way of higher retention limit than the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)

Recapture. The Company may recapture if: 1. The Option 1 (Excess Reinsurance) Whenever the Company increases its Retention Limit maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company has the option to recapture certain risk amounts. If the Company has maintained its maximum stated retention (not a special retention limit) for the plan and insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows. a. The Company must give the Reinsurer thirty (30) days written notice prior to its intended date of the commencement of recapture. b. The reduction of reinsurance ceded on an automatic basis provided, affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, that: a) No recapture is no reduction will be made until the Reinsured Policy a policy has been in force through for at least [insert number of years] years. c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the end provisions of this Article must be recaptured up to the company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the level premium periodreinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction on reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply apply, and the duration for the purpose of recapture period will be measured from the effective date of the reinsurance on the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer will continue to pay its share of the waiver claim until it terminates. The Reinsurer will not be liable for any other reinsurers on risks benefits, including the basic life risk, that are eligible for recapture, the reduction . All such eligible benefits will be applied pro rata to recaptured as if there were no waiver claim in effect. After the total outstanding reinsurance. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the effective date of recapture, less allowances the Reinsurer will not be liable for any reinsured policies or claims paidportions of such reinsured policies eligible for recapture that the Company has overlooked. The terms and conditions for the Company to recapture reinsured policies, if any. as made necessary by the insolvency of the Reinsurer, are set forth in Article XIV, C. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limiton retention limits. Option 2 (First Dollar Quota Share Reinsurance). 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business a. Recapture will not be allowed under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for a fee to recapture reinsurance. Recapture will be effected by way of the Company not remitting applicable premiums. Treaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025Agreement.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)