Return of Assets. In the event that the Company withdraws assets from the Trust Account for the purposes set forth in Section 12.07(i) or (ii) in excess of actual amounts required to meet the Reinsurer's obligations to the Company, or in excess of amounts determined to be due under Section 12.07(iii), the Company shall return such excess to the Reinsurer, plus interest at the prime (or base) rate of interest as set forth in Section 8.06 of this Agreement. In the event of a dispute arising under this Article XII, the arbitration panel established pursuant to Article XI of this Agreement shall have the right to award interest at a rate that it determines to be equitable, and may award attorney's fees, arbitration costs and other expenses.
Appears in 2 contracts
Sources: Coinsurance Agreement (Keyport Life Insurance Co), Coinsurance Agreement (Liberty Financial Companies Inc /Ma/)
Return of Assets. In the event that the Company withdraws assets from the Trust Account for the purposes set forth in Section 12.07(i) or (ii) in excess of actual amounts required to meet the Reinsurer's obligations to the Company, or in excess of amounts determined to be due under Section 12.07(iii), the Company shall return such excess to the Reinsurer, plus interest at the prime (or base) rate of interest as set forth in Section 8.06 of this Agreement. In the event of a dispute arising under this Article XII, the arbitration panel established pursuant to Article XI of this Agreement shall have the right to award interest at a rate that it determines to be equitable, and may award attorney's fees, arbitration costs and other expenses.be
Appears in 1 contract
Sources: Coinsurance Agreement (Usf&g Corp)