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Article 321 - Rights of the providers of debt or financing mechanisms

Comparing 18/01/2015 → 02/04/2016: 0 added, 0 removed, 4 changed Close comparison

The contractual arrangements relating to the transfer of risk from an insurance or reinsurance undertaking to a special purpose vehicle and from the special purpose vehicle to the providers of debt or finance shall ensure all of the following:

(a)((a)) the claims of the providers of debt or financing mechanisms are at all times subordinated to the reinsurance obligations of the special purpose vehicle to the insurance or reinsurance undertaking;

(b)((b)) no payments are made to the providers of debt or financing, if following those payments the special purpose vehicle would no longer be fully funded;

(c)((c)) the providers of debt or finance to the special purpose vehicle have no rights of recourse to the assets of the insurance or reinsurance undertaking;

(d)((d)) the providers of debt or finance to the special purpose vehicle have no rights to apply for the winding-up of the special purpose vehicle.

Official text · consolidated version 02/04/2016 (no longer in force) Open full page ↗
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