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The contracting party is entitled to claim for restitution of any consideration provided.

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The receiver may assure each cedent that the LOCs will be maintained in accordance with the reinsurance agreement.

The Commission notes that the institutional counterparty alternative under the Exchange Act would remain available, in accordance with its terms, for recommendations that are not eligible for, or for which a Covered Entity does not rely on, substituted compliance.

Where the requisite approvals have been obtained, the CVA will bind every creditor who was entitled to vote at those meetings except for preferential and secured creditors, who are not bound by the CVA unless they agree to be. In any receivership, the receiver is responsible for maximizing and safekeeping the assets of the insolvent insurer. There is no direct impact on employees and the procedure does not interfere with company contracts. In most corporate insolvencies, the insolvent business will stop trading.

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