Resort to Collateral. Notwithstanding the remedies contemplated by this Section 9.4, the other Ancillary Agreements and the Asset Purchase Agreement, the Company may, in its sole discretion, require direct payment by the Reinsurer of any sum in default under the Asset Purchase Agreement, this Agreement or any other Ancillary Agreement in lieu of exercising the remedies in this Section 9.4, and it shall be no defense to any such claim that the Company might have had recourse to the Security Trust or recapture remedy.
Appears in 7 contracts
Samples: Coinsurance Agreement, Coinsurance Agreement (ING U.S., Inc.), Coinsurance Agreement (ING U.S., Inc.)
Resort to Collateral. Notwithstanding the remedies contemplated by this Section 9.4, the other Ancillary Agreements and the Asset Purchase Agreement, the Company may, in its sole discretion, require direct payment by the Reinsurer of any sum in default under the Asset Purchase Agreement, this Agreement or any other Ancillary Agreement in lieu of exercising the remedies in this Section 9.4, and it shall be no defense to any such claim that the Company might have had recourse to the Security Trust or recapture remedy.
Appears in 6 contracts
Samples: Modified Coinsurance Agreement, Modified Coinsurance Agreement (ING U.S., Inc.), Modified Coinsurance Agreement (ING U.S., Inc.)
Resort to Collateral. Notwithstanding the remedies contemplated by this Section 9.4, the other Ancillary Transaction Agreements and the Asset Purchase Agreement, the Company may, in its sole discretion, require direct payment by the Reinsurer of any sum in default under the Asset Purchase Agreement, this Agreement or any other Ancillary Agreement in lieu of exercising the remedies in this Section 9.4, and it shall be no defense to any such claim that the Company might have had recourse to the Security Trust or recapture remedyAccount.
Appears in 1 contract
Samples: Letter Agreement (Kilico Variable Annuity Separate Account)
