Common use of Product Tax Cooperation Clause in Contracts

Product Tax Cooperation. Cedent shall, at Reinsurer's written request and sole cost and expense, cooperate fully with Reinsurer in obtaining such relief as Reinsurer shall reasonably require (including obtaining a waiver from, or entering into a settlement or closing agreement with, the Internal Revenue Service or an affected policyholder) with respect to any non-compliance by Cedent or Reinsurer with any product tax requirement or limitation contained in the Code (including without limitation sections 72, 101, 817, 7702 and 7702A of the Code) regarding any Coinsured Contract; provided, however, that this Section 11.02 shall apply only if Reinsurer's written request is not given prior to the last day of the twentieth calendar month following the month in which the Closing Date falls. Cedent shall permit Reinsurer to participate in any discussions, negotiations or settlements with the Internal Revenue Service or any affected policyholder pursuant to this Section 11.02 and, to the extent Cedent is not adversely affected by such actions, to control such discussions, negotiations or settlements.

Appears in 2 contracts

Samples: Asset Transfer and Acquisition Agreement (Lincoln National Corp), Asset Transfer and Acquisition Agreement (Lincoln National Corp)

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Product Tax Cooperation. Cedent shall, at Reinsurer's written request and sole cost and expense, cooperate fully with Reinsurer in obtaining such relief as Reinsurer shall reasonably require (including obtaining a waiver from, or entering into a settlement or closing agreement with, the Internal Revenue Service or an affected policyholder) with respect to any non-compliance by Cedent or Reinsurer with any product tax requirement or limitation contained in the Code (including without limitation sections Sections 72, 101, 817, 7702 and 7702A of the Code) regarding any Coinsured Contract; provided, however, that this Section 11.02 shall apply only if Reinsurer's written request is not given prior to the last day of the twentieth calendar month following the month in which the Closing Date falls. Cedent shall permit Reinsurer to participate in any discussions, negotiations or settlements with the Internal Revenue Service or any affected policyholder pursuant to this Section 11.02 and, to the extent Cedent is not adversely affected by such actions, to control such discussions, negotiations or settlements.

Appears in 1 contract

Samples: Asset Transfer and Acquisition Agreement (Lincoln National Corp)

Product Tax Cooperation. Cedent shall, at Reinsurer's ’s written request and sole cost and expense, cooperate fully with Reinsurer in obtaining such relief as Reinsurer shall reasonably require (including obtaining a waiver from, or entering into a settlement or closing agreement with, the Internal Revenue Service or an affected policyholder) with respect to any non-compliance by Cedent or Reinsurer with any product tax requirement or limitation contained in the Code (including without limitation sections 72, 101, 817, 7702 Sections 72,101,817,7702 and 7702A of the Code) regarding any Coinsured Contract; provided, however, that this Section 11.02 shall apply only if Reinsurer's ’s written request is not given prior to the last day of the twentieth calendar month following the month in which the Closing Date falls. Cedent shall permit Reinsurer to participate in any discussions, negotiations or settlements with the Internal Revenue Service or any affected policyholder pursuant to this Section 11.02 and, to the extent Cedent is not adversely affected by such actions, to control such discussions, negotiations or settlements.. ARTICLE XII DEFERRED ACQUISITION COSTS Section

Appears in 1 contract

Samples: Indemnity Reinsurance Agreement

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Product Tax Cooperation. Cedent shall, at Reinsurer's ’s written request and sole cost and expense, cooperate fully with Reinsurer in obtaining such relief as Reinsurer shall reasonably require (including obtaining a waiver from, or entering into a settlement or closing agreement with, the Internal Revenue Service or an affected policyholder) with respect to any non-compliance by Cedent or Reinsurer with any product tax requirement or limitation contained in the Code (including without limitation sections 72, 101, 817, 7702 Sections 72,101,817,7702 and 7702A of the Code) regarding any Coinsured Contract; provided, however, that this Section 11.02 shall apply only if Reinsurer's ’s written request is not given prior to the last day of the twentieth calendar month following the month in which the Closing Date falls. Cedent shall permit Reinsurer to participate in any discussions, negotiations or settlements with the Internal Revenue Service or any affected policyholder pursuant to this Section 11.02 and, to the extent Cedent is not adversely affected by such actions, to control such discussions, negotiations or settlements.

Appears in 1 contract

Samples: Indemnity Reinsurance Agreement (Lincoln National Corp)

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