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EXHIBIT 10(j)
GOLDEN AMERICAN LIFE INSURANCE COMPANY
SURPLUS NOTE
Golden American Life Insurance Company agrees to pay Equitable Life
Insurance Company of Iowa, an Iowa corporation, the sum of $50
million ($50,000,000.00) plus interest at the rate of 8.179% per
annum from the date hereof, December 30, 1999 until paid. In any
event, this note will mature on December 29, 2029.
This Surplus Note and accrued interest thereon shall be subordinate
to payments due to policyholders, claimant and beneficiary claims, as
well as debts owed to all other classes of debtors, other than
surplus note holders, of Golden American Life Insurance Company in
the event of (a) the institution of bankruptcy, reorganization,
insolvency or liquidation proceedings by or against Golden American
Life Insurance Company, or (b) the appointment of a Trustee, receiver
or other Conservator for a substantial part of Golden American Life
Insurance Company properties.
Any payments made shall first apply to accrued interest, and the
balance of such payment shall apply to reduce the principal of this
Note.
Any payment of principal and/or interest made shall be subject to the
prior approval of the Delaware Insurance Commissioner. If the
Commissioner has not approved payment of principal to retire the note
prior to its maturity date, the maturity date will be automatically
extended until such time as the Commissioner authorizes payment of
the final balance of principal.
Golden American Life Insurance Company hereby waives presentment and
notice of dishonor.
In witness whereof, Golden American Life Insurance Company has caused
this Note to be executed and delivered.
GOLDEN AMERICAN LIFE INSURANCE COMPANY
By: /s/ David L. Jacobson
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David L. Jacobson, Senior Vice
President and Assistant Secretary
Attest by:
/s/ Marilyn Talman
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Marilyn Talman
Vice President and Assistant Secretary
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