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In the event of subrogation recoveries, any recovery will be monies recovered (including but not limited to fees, expenses, or interest) shall be distributed to the Insurer and the Insured in the following order: a. First, to the Insurer and/or the Insured for subrogation expenses in the same proportion as each has paid in subrogation expenses; b. Next, recovery shall be divided between the Insurer and the Insured in the same proportion as each has borne or paid for the underlying loss. The portion of the loss borne by the Insured shall include only the Deductible; and c. Any additional amounts recovered will be paid to the Insured. J. OTHER INSURANCE This Policy will apply excess of any other valid and collectible insurance available to an Insured, including any deductible or self -insured retention thereof, unless such other insurance is written specifically to be excess insurance over the coverage provided by this Policy. K. MERGERS AND ACQUISITIONS 1. Takeover of the Named Insured If during the Policy Period any of the following occur, then this Policy will continue in full force and effect but only with respect to Claim and Regulatory Claim under the third party liability Insuring Agreements for a Network Security and Privacy Insured Event, Media Insured Event, Privacy Breach or Security Breach, committed or occurring before such following event: a. The acquisition of the Named Insured, or for substantially all of its assets, by another entity, or the merger or consolidation of the Named Insured into or with another entity such that the Named Insured is not the surviving entity; b. The appointment of a receiver, conservator, trustee, liquidator, or any similar official, for or with respect to the Named Insured; or c. The obtaining by any person or entity, or affiliated group of persons or entities of the right to elect, appoint, or designate at least 50% of the directors or trustees of the Named Insured. After such event this Policy may not be cancelled regardless of Condition I. and the entire premium will be deemed fully earned. 2. Acquiring a Subsidiary If during the Policy Period the Named Insured acquires Control of any entity, and at the time of the transaction the revenues of the new entity exceeds 15% of the total gross revenue of the Insured Company prior to the acquisition as reflected in the most recent financials, then the following shall apply: Page 27 of 30 Munich RE Munich Re Specialty Form No: MCYT2000222 Copyright Cc,2022 Munich Re Syndicate. All Rights Reserved.