- 26 - required. e. Right To Withhold The 1988 Agreement provided that Guardian would pay petitioner reinsurance premiums and an initial consideration equal to the total reserves on the reinsurance policies in force at the start of the agreement. The 1988 Agreement permitted Guardian to elect to withhold funds equal to the coinsurance reserves on the reinsured policies. The 1988 Agreement permitted petitioner to elect to withhold funds equal to the ceding commission. Guardian had to pay petitioner interest on the funds that it withheld, and petitioner had to pay Guardian interest on the funds that it withheld. The 1988 Agreement provided that all moneys due either Guardian or petitioner would be netted against each other. The 1988 Agreement provided that negative experience refunds could offset positive experience refunds within the same calendar year. The 1988 Agreement allowed petitioner to carry forward negative net refunds for a calendar year to future calendar years. Although the 1988 Agreement allowed each party to withhold funds equal to the amount specified in the agreement, the parties could not withhold funds in excess of the amount specified. Within 45 days after the end of each calendar quarter, Guardian was obligated to pay petitioner, and petitioner was obligated to pay Guardian, the amounts due under the 1988 Agreement, subject to each party’s right to withhold funds up to the maximum amount.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011