|Hearing scheduled for December 2, 2008|
Pursuant to M.G.L. Chapter 175, § 206B, an application has been made to the Massachusetts Commissioner of Insurance (the "Commissioner") by Commonwealth Annuity and Life Insurance Company, a Massachusetts-domiciled insurance company and wholly-owned subsidiary of The Goldman Sachs Group, Inc. ("Goldman") and Goldman, a Delaware corporation (the "Applicants"), for approval of a proposal to acquire control of First Allmerica Financial Life Insurance Company (the "Insurer"), a Massachusetts-domiciled insurance company and wholly-owned subsidiary of The Hanover Insurance Group, Inc. The Applicants propose to acquire control of the Insurer in accordance with the terms of a Stock Purchase Agreement, dated July 30, 2008, by and between Commonwealth Annuity and Life Insurance Company and The Hanover Insurance Group, Inc.
The Commissioner will conduct a public hearing pursuant to M.G.L. c. 175, § 206B to determine whether to approve the proposed acquisition of control. The hearing will commence on December 2, 2008, at 10:00 a.m. at the Division of Insurance, 5 th Floor, One South Station, Boston, Massachusetts 02110-2208. Documents filed in connection with this proposed acquisition of control are available for public inspection at the Division of Insurance, One South Station, Boston, Massachusetts, 02110-2208.
The purpose of this public hearing is to afford those persons identified in M.G.L. c. 175, § 206B(d)(2) the opportunity to present evidence, to examine and cross-examine witnesses, to offer oral and written arguments and to conduct discovery proceedings in the same manner as in the Superior Court Department of the Trial Court. Any discovery proceedings shall be concluded no later than November 28, 2008.
Any person identified in M.G.L. c. 175, § 206B(d)(2) who wishes to participate in the December 2, 2008 hearing must submit, on or before November 24, 2008, a Notice of Intent to Participate, setting forth the statutory basis for participation. The Notice of Intent to Participate must specify the basis for the asserted interest in the proposed acquisition of control, if applicable, as well as whether the person intends to make an oral statement, present evidence or cross examine witnesses, or engage in discovery.
If the Commissioner determines that a person's interest may be affected by the proposed acquisition of control, that person may participate at the hearing following presentations by the Applicants and/or the Insurer, and before any other persons the Commissioner may recognize at the hearing. The length of any oral statements, presentations of evidence or examination of witnesses, may be limited at the discretion of the Commissioner. Written argument may be submitted at any time prior to the conclusion of the hearing.
All submissions, including the written Notice of Intent to Participate, must be sent to: Docket Clerk, Hearings and Appeals, Division of Insurance, One South Station, Boston, MA 02110-2208, and must refer to Docket No. F2008-04
Dated: November 10, 2008
Nonnie S. Burnes
Commissioner of Insurance