| 5.__Control.__"Control," including the terms "controlling," |
| "controlled by" and "under common control," means the possession, |
| direct or indirect, of the power to direct or cause the direction |
| of the management and policies of a person, whether through the |
| ownership of voting securities, by contract other than a |
| commercial contract for goods or nonmanagement services, or |
| otherwise, unless the power is the result of an official position |
| with or corporate office held by the person.__Control is presumed |
| to exist if any person, directly or indirectly, owns, controls, |
| holds with the power to vote or holds proxies representing 10% or |
| more of the voting securities of any other person.__This |
| presumption may be rebutted by a showing that control does not |
| exist.__Notwithstanding this subsection, for the purposes of this |
| subchapter, the fact that a special purpose reinsurance vehicle |
| exclusively provides reinsurance to a ceding insurer under a |
| special purpose reinsurance vehicle contract is not by itself |
| sufficient grounds for a finding that the reinsurance vehicle or |
| the special purpose reinsurance vehicle organizer or owner is |
| controlled by or under common control with the ceding insurer. |