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KILLYGOWAN LIMITED

Company number 03829477

Charge (in the terms of the lloyd's american trust deed (the "trust deed") itself constituted by an instrument dated 31 december 1999 amending and restating the lloyd's american trust deed originally adopted on 26 august 1939)

Created
31 December 1999
Delivered
19 January 2000
Status
Outstanding
Transaction Filed
Registration of a charge (395)
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Persons entitled

  • The Trustees, Lloyd's, and Certain Other Persons or Bodies (As Further Defined on Form M395)

Amount secured

All losses, claims, returns of premiums, reinsurance premiums, expenses and other outgoings and all liabilities incurred or arising or which may at any time be incurred or arise in connection with the american business of the company, being the underwriting business of the company at lloyd's other than long term business (as defined in the insurance companies act 1982) where (1) the liability of the company is expressed in U.S.dollars; and (2) the premium payable to or for the account of the company has been paid or is payable in U.S.dollars; excluding all such business as comprises any contract or policy of insurance or reinsurance underwritten or incepting on or after 1 august 1995 except for (a) contracts or policies underwritten under a binding authority incepting prior to that date, (b) contracts or policies of insurance written pursuant to lloyd's license in kentucky prior to 1 january 1996 and (c) any contract of reinsurance to close for any year of account underwritten by the company to the extent only that (I) the premium payable to or for the account of the company has been paid or is payable in U.S.dollars or the liability of the company in respect of such contract is expressed in U.S.dollars; and (ii) the company is liable under such contract in respect of contracts or policies of insurance or reinsurance underwritten by underwriting members of lloyd's which either (1) incepted prior to august 1, 1995; (2) were underwritten under a binding authority incepting prior to that date; or (3) were underwritten pursuant to lloyd's license in kentucky prior to january 1, 1996; and for securing transfers of cash and other property out of, or establish such accounts within, the american trust fund as may be required (I) by the insurance regulatory bodies of one or more of the united states, or (ii) to meet one or more contributions levied on the company in respect of the american business pursuant to requirements and directions of the council, or (iii) to secure and/or to pay each letter of credit issuer any of the company's several letter of credit obligations, or (iv) to secure and/or to pay the company's several obligations arising with respect to any surety or other bonding arrangement in connection with any litigation by a policyholder of the company; and for securing transfers to the trust fund subject to the company's lloyd's premiums trust deed and for securing the other amounts and obligations referred to in the trust deed

Short particulars

(I) all premiums and other monies payable including, without limitation monies payable under any reinsurance policy, at any time during the trust term to the company or to any person on behalf of the company in connection with the american business; (ii) all other assets from time to time transferred to the american trustee to be held by it as part of the lloyd's american trust fund; (iii) all investments and monies from time to time representing (I) and (ii) above (other than net capital gain) or (iv) below; and (iv) all income arising from (I) to (iii) above (income to include net capital gain) and; (v) (so far as not already included in (I) to (iv) above) all property purchased and all proceeds from the sale of property or the disposal of property where the american trustee advanced cash or securities to the trust to effect or expedite the purchase or sale of securities for the trust.