The swaps at issue in the lawsuit were entered into by XLCA after SCA’s IPO. XL Insurance (Bermuda) Ltd's reinsurance guarantee to a subsidiary of SCA applies only to pre-IPO exposures.
Pursuant to a transition agreement entered into at the time of SCA’s IPO, SCA is permitted to use the "XL" name until August 2008. XL owns approximately 46% of the common equity interest of SCA. As the above dispute is between Merrill Lynch International and XLCA, any queries regarding the lawsuit should be referred directly to the parties involved in the lawsuit. Further information regarding XL's relationship with SCA may be found in XL's filings with the Securities and Exchange Commission.
XL Capital Ltd, through its operating subsidiaries, is a leading provider of global insurance and reinsurance coverages to industrial, commercial and professional service firms, insurance companies and other enterprises on a worldwide basis. As of March 31, 2008, XL Capital Ltd had consolidated assets of $54.8 billion and consolidated shareholders’ equity of $9.3 billion. More information about XL Capital Ltd is available at www.xlgroup.com.