Laserfiche WebLink
designated as the owner of the Annuity. All rights of legal ownership and genital of the Annuity shall (subject <br />to paragraph 9 of this'Agreetnent) be and remain vested exclusively in MosSCo; providcd,.howover, that tie: <br />Annuity shall be used by MOSSCO to fund the Periodic Payments and sball et all times be designated by <br />MOSSCO on its iths�rds as being taken into account, under Section 130 of the Code, with respect to this, <br />Agreement. Nnewritlisf uding anything to the contrary contained in this Agreement, neither any Claimant ttor <br />any Successor Payee shall have any rights with respect m the Annuity or the payments thereunder that would <br />Cause any amount Attributable to the Annuity to be currently includible in the recipient "s income or would <br />otherwise. affect thq drttcrmitlgtion of whenany recipient is treated as having received any payment for iocomo <br />tax purposes, or woui otherwise Prevent this Agreement front satisfying fill of the conditions for a"qualified <br />assignment° within it meaning of Section 136(c) of the Code. <br />S, Delivery of Payintai . MOSSCO may have United send payments directly to a Claimant, or, if applicable, to' at <br />Successor Payee (as 4 fried in paragraph s of this Agreement), or deliver payments by electronic funds: transfer <br />to an FDIC- insured dository institution in the United States for credit (directly or indirectly) to an insured <br />account in tite name o such Claimant or Successor Payee. Such direction of payments under the Annuity shall <br />not be deemed to afford the Claimant or any Successor Payee any rights of ownership or control of the Annuity, <br />Each Claimant and an Successor Payee Shall at all times keep United apprised of such Claimant's or Successor <br />Payee's current street address and telephone number and, if such Claimant or Successor Payee receives <br />payments by electroQ finds transfer, are name, address, bank identifier number (SIN) and telephime, number <br />of the applicable depository institution and the account number of the account to which the payments are to be <br />credited. <br />G. (Discharge of Liabllity, MOSSCO's liability to make each Periodic Payment; to the Claimant or Successor <br />Payee designated to repeive such payment shall be discharged automatically at such time as a corresponding <br />Payment is made to such Claimant or Successor Payee by United. <br />7, Acceleration, Transfer of Payment Rights. Nonc of the Periodic Payments and no rights to fir iriierest iu any <br />of the Periodic Payments (all of the foregoing being hereinafter collectively referred to as "Payment (tights ") <br />can be <br />I, Accelerated, deferred , increased or decreased by any recipient orany of the Periodic Payments; or <br />ii.. Sold, assigned, pledged, hypothecated or otherwise transferred or encumbered, either directly or indirectly, <br />unless such sale assignment, pledge, hypothecation or other transfer or encumbrance (aoy'such transaction <br />being hereinafter referred to as a "Transfer") has been approved in advance in a "Qualified Order" as <br />defined in Section 1589 1(b)(2) of the Code (a "Qualified. Order") and Otherwise complies with, applicable <br />state law, including without limitation.any applicable state structured settlement protection statute,. <br />No Claimant or successor Payee shall have the power to effect any Tinanstlrrr. of Payment Right, except as: <br />provided in sub- paragsph (II) above, and MY Other purported Tt"ahafer of Payment Rights shall be wholly void. <br />If Payment.Iligtats urs r this Agreement become the sObject of a Tnnsror approved in accordance with sdb- <br />Patagraph (11) above th4 rights Of direct or Indirect transferee of such Transfer shall be subject to the terms <br />of this Agreement and any defense or claim ut recoupment arising hereunder_ <br />Confittgent Hencfaciaries. Any Periodic Payments to be made after the death Qf any Claimant ur SucCCSsar' <br />Payee shall be made to such party as shall have. been designated in, or in accordance with, the Settlement <br />Agreement or, if the Settiemant Agreement does not provvide ibr such desit, tailed, then to the party designated <br />in conformity with this' and uplt g. Any party so designated is referred to in this Agreement as a "Contingent <br />Beneficiary." ffno Contingent lsoneticlary is living at the, time of the death of Claimant or Successor Payee, <br />payment shall be made io the dascedont's estate. As used in this Agreement the term "Successor Payee refers to <br />a Contingent Benaficiar or all estate that has become entitled to receive Periodic Payments following the death <br />of 'a Claimant or a Successor Payee. Except as otherwise provided In the Settlement Agreement, no designation <br />or change of designation of a Contingent Beneficiary shall be effective unless such change (i) is requested in a <br />written request submitted to MOSSCO (or its authorized agent) in accordance with MOSSCO's customary <br />procedures for Process such requests, and (ii) is confirmed by MOSSCO (or its authorized agent). Except <br />for a designation that is, expressly identified in the Settlement Agreement as irrevocable, any designation of a <br />Contingent Beneficiary shalt be, deetned tit be revocable; and no party that is designated as a Contingent <br />Benei'icioty (other than a party irrevocably designated as a Contingent Beneficiary in the Settlement <br />Agreement) shall, solely by virtue of its designation as a Contingent Beneficiary, be deemed to have any <br />cognizable interest in any Periodic Payments, <br />9. Failure to Satisfy Section 130(c). If at any time prior to completion of the Periodic Payments, the Settlement <br />Agreement is declared terminated in a final, non - appealable order of a court of competent jurisdiction (or lit the <br />case of a workers' Compensation settfcment a final order o('the applicable workers` compensation authority) or <br />1tPD957 Page 2 of 4 0%112 <br />