Westfield Specialty Capital, (No. 616) Ltd

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THE PAYMENT OF MATURED CLAIMS (INCLUDING CLAIMS FOR LOSS AND CLAIMS FOR THE RETU RN OF UNEARNED PREMIUM) UNDER CONTRACTS OR POLICIES OF INSURANCE INCEPTING ON OR AFTER 1ST AUGUST 1995 UNDERWRITTEN BY T HE COMPANY AS A MEMBER OF SYNDICATE NO.1 200 (THE "SYNDICATE") (INCLUDING ALL INC IDENTAL SYNDICATES OF SUCH SYNDICATE) AN D ALLOCABLE TO THE RELEVANT YEAR OF ACCO UNT OR IN RESPECT OF WHICH THE COMPANY I S LIABLE AS A MEMBER OF THE SYNDICATE FO R THE RELEVANT YEAR OF ACCOUNT FOR AN EA RLIER YEAR OF ACCOUNT PURSUANT TO ANY CO NTRACT OF REINSURANCE TO CLOSE AND ISSUE D TO A POLICY HOLDER PURSUANT TO SURPLUS LINES OR EXCESS LINES LAWS OF ANY STATE , DISTRICT, TERRITORY, COMMONWEALTH OR P OSSESSION OF THE UNITED STATES (AN "AMER ICAN POLICY"), ALL EXPENDITURES AND FEES OF THE TRUSTEE (AS DEFINED IN THE TRUST DEED AND BEING, AS AT THE DATE THEREOF, CITIBANK N.A. OF 111 WALL STREET, NEW Y ORK, USA), REPAYMENT OF CASH OR SECURITI ES ADVANCED BY THE TRUSTEE TO THE TRUST HELD UNDER THE PROVISIONS OF THE TRUST D EED, AND CERTAIN TRANSFERS BY THE TRUSTE E TO AN OVERSEAS FUND (AS DEFINED IN THE TRUST DEED) OR TO THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK OR O THER DESIGNATED RECEIVER, AND FOR SECURI NG THE OTHER AMOUNTS AND OBLIGATIONS REF ERRED TO IN THE TRUST DEED

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ALL THE UNDERWRITING OBLIGATIONS OF THE COMPANY INCURRED BY THE COMPANY AS AN UN DERWRITING MEMBER OF THE SOCIETY AT ANY TIME BEFORE THE TERMINATION DATE (BEING THE 80TH ANNIVERSARY OF THE DATE OF THE TRUST DEED) INCLUDING OBLIGATIONS TO THE SOCIETY AND THE TRUSTEES AND OBLIGATION S ARISING UNDER: (A) THE BYELAWS, REGULA TIONS, RULES, DIRECTIONS OR OTHER REQUIR EMENTS OF THE SOCIETY; AND (B) ANY DEED, CONTRACT, INSTRUMENT OR OTHER ARRANGEME NT OF ANY KIND APPROVED BY THE SOCIETY; BUT NOT INCLUDING OBLIGATIONS ARISING IN RESPECT OF ANY LETTER OF CREDIT, GUARAN TEE OR OTHER SECURITY GIVEN TO SECURE TH E PERFORMANCE OF ANY OF THE SAID UNDERWR ITING OBLIGATIONS IN FAVOUR OF THE PERSO N GIVING SUCH GUARANTEE OR OTHER SECURIT Y

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THE LOSSES CLAIMS RETURNS OF PREMIUMS RE INSURANCE PREMIUMS EXPENSES OBLIGATIONS AND OTHER "PERMITTED TRUST OUTGOINGS" SE T OUT IN CLAUSE 3(A) OF AND PARAGRAPH 1 OF SCHEDULE 3 TO THE TRUST DEED

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(A) A SUM EQUAL TO THE UNDISCHARGED UNDE RWRITING OBLIGATIONS INCURRED AT ANY TIM E BY ANY CONNECTED COMPANY AS AN UNDERWR ITING MEMBER OF THE SOCIETY AND INCLUDIN G ANY OBLIGATION TO THE SOCIETY AND ANY UNDISCHARGED OBLIGATION ARISING AT ANY T IME UNDER: (I) THE BYE LAWS, REGULATIONS , DIRECTIONS OR OTHER REQUIREMENTS OF TH E SOCIETY; (II) ANY DEED, CONTRACT, INST RUMENT OR OTHER ARRANGEMENT OF ANY KIND APPROVED BY THE SOCIETY; BUT NOT INCLUDI NG OBLIGATIONS ARISING IN RESPECT OF ANY LETTER OF CREDIT, GUARANTEE OR OTHER SE CURITY GIVEN TO SECURE THE PERFORMANCE O F ANY SUCH UNDERWRITING OBLIGATION IN FA VOUR OF THE PERSON GIVING SUCH GUARANTEE OR OTHER SECURITY,(B) INTEREST PURSUAN T TO CLAUSE 15.5 OF THE AGREEMENT AND AC CRUING FROM DAY TO DAY AT THE RATE OF TW O PERCENT. PER ANNUM OR SUCH OTHER RATE AS THE COUNCIL MAY FROM TIME TO TIME PRE SCRIBE ABOVE THE BASE RATE FROM TIME TO TIME OF SUCH LONDON CLEARING BANK AS THE SOCIETY MAY SELECT

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