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| 2.__Residual market.__The special purpose reinsurance vehicle may | | not be required to participate in any residual market, so-called | | "FAIR" plan or other similar plan to provide insurance coverage, | | take out policies, assume risks, make capital contributions, pay or | | be otherwise obligated for assessments, surcharges or fees or | | otherwise support or participate in such plans or arrangements. |
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| | | §795.__Asset and investment limitations |
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| | | 1.__Assets.__Assets of the special purpose reinsurance vehicle | | held in trust to secure obligations under the special purpose | | reinsurance vehicle contract must at all times be held in: |
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| | | A.__Cash and cash equivalents; |
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| | | B.__Securities listed by the Securities Valuation Office of | | the National Association of Commissioners or its successor | | organization and qualifying as admitted assets under | | statutory accounting principles pursuant to section 901-A; | | or |
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| | | C.__Any other form of security acceptable to the | | superintendent. |
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| | | 2.__Investment practices.__In addition, the special purpose | | reinsurance vehicle may enter into swap agreements or other | | transactions that have the objective of leveling timing | | differences in funding of upfront or ongoing transaction expenses | | or managing credit or interest rate risk of the investments in | | the trust to ensure that the investments are sufficient to ensure | | payment or repayment of the securities and related interest or | | principal payments issued pursuant to a special purpose | | reinsurance vehicle insurance securitization transaction or the | | reinsurance vehicle's obligations under the special purpose | | reinsurance vehicle contract. |
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| | | §796.__No transaction of insurance business by investors in |
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| | | The securities issued by the special purpose reinsurance | | vehicle pursuant to a special purpose reinsurance vehicle | | insurance securitization are not deemed to be insurance or | | reinsurance contracts.__An investor in such securities issued | | pursuant to insurance securitization or any holder of such | | securities may not by sole means of this investment or holding be | | deemed to be transacting an insurance business in this State.__ | | The underwriters or selling agents and their partners, directors, | | officers, members, managers, employees, agents, representatives | | and advisors involved in an insurance securitization are not |
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