Common use of Separate Tax Liability Clause in Contracts

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined below, on a hypothetical consolidated basis ("Separate Tax Liability") for each Tax Year, or for any part of a Tax Year during which ASFC is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC shall be treated as the common parent of an affiliated group that files a consolidated federal income tax return including all subsidiaries of ASFC which are included in the LNC Consolidated Group (the "ASFC Group"). For purposes of this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more. b. For purposes of this calculation, all members of the ASFC Group shall be treated as if they had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group shall not use such benefit in calculating its Separate Tax Liability. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC Group's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group separate return Tax Years ("Carry Back Items"), LNC shall reimburse ASFC for the use of such Carry Back Items at the rate the ASFC Group would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group claim for refund. 101 h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group Tax Years ("Carry Forward Items"), the ASFC Group shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowASIC, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC ASIC is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC ASIC shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more.. 110 b. For purposes of this calculation, all members of the ASFC Group ASIC shall be treated as if they it had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group ASIC described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group ASIC is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group ASIC shall not use such benefit in calculating its Separate Tax Liability. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group ASIC shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group ASIC ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group ASIC has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupASIC's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group ASIC separate return Tax Years ("Carry Back Items"), LNC ASFC shall reimburse ASFC ASIC for the use of such Carry Back Items at the rate the ASFC Group ASIC would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group ASIC claim for refund. 101. h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group ASIC Tax Years ("Carry Forward Items"), the ASFC Group ASIC shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC ASFC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowAST, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC AST is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC AST shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more. b. For purposes of this calculation, all members of the ASFC Group AST shall be treated as if they it had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group AST described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group AST is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group AST shall not use such benefit in calculating its Separate Tax Liability. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group AST shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group AST ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group AST has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupAST's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group AST separate return Tax Years ("Carry Back Items"), LNC AEIC shall reimburse ASFC AST for the use of such Carry Back Items at the rate the ASFC Group AST would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group AST claim for refund. 101. h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group AST Tax Years ("Carry Forward Items"), the ASFC Group AST shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC AEIC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowAEIC, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC AEIC is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC AEIC shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more.. 119 b. For purposes of this calculation, all members of the ASFC Group AEIC shall be treated as if they it had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group AEIC described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group AEIC is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group AEIC shall not use such benefit in calculating its Separate Tax Liability. . f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group AEIC shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group AEIC ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group AEIC has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupAEIC's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group AEIC separate return Tax Years ("Carry Back Items"), LNC ASIC shall reimburse ASFC AEIC for the use of such Carry Back Items at the rate the ASFC Group AEIC would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group AEIC claim for refund. 101. h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group AEIC Tax Years ("Carry Forward Items"), the ASFC Group AEIC shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC ASIC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowCIA, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC CIA is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC CIA shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more.. 164 b. For purposes of this calculation, all members of the ASFC Group CIA shall be treated as if they it had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. . d. Income, gain, deductions, credits, and similar items of the ASFC Group CIA described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group CIA is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group CIA shall not use such benefit in calculating its Separate Tax Liability. . f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group CIA shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group CIA ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group CIA has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupCIA's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group CIA separate return Tax Years ("Carry Back Items"), LNC ASIC shall reimburse ASFC CIA for the use of such Carry Back Items at the rate the ASFC Group CIA would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group a CIA claim for refund. 101 h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group Tax Years ("Carry Forward Items"), the ASFC Group shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowICI, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC ICI is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC ICI shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more.. 146 b. For purposes of this calculation, all members of the ASFC Group ICI shall be treated as if they it had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group ICI described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group ICI is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group ICI shall not use such benefit in calculating its Separate Tax Liability. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group ICI shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group ICI ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group ICI has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupICI's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group ICI separate return Tax Years ("Carry Back Items"), LNC ASIC shall reimburse ASFC ICI for the use of such Carry Back Items at the rate the ASFC Group ICI would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group ICI claim for refund. 101. h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group ICI Tax Years ("Carry Forward Items"), the ASFC Group ICI shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC ASIC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowLinsco, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC Linsco is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC Linsco shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more. b. For purposes of this calculation, all members of the ASFC Group Linsco shall be treated as if they it had never been included in the LNC Consolidated Group.. 155 c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group Linsco described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group Linsco is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group Linsco shall not use such benefit in calculating its Separate Tax Liability. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group Linsco shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group Linsco ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group Linsco has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupLinsco's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group Linsco separate return Tax Years ("Carry Back Items"), LNC shall reimburse ASFC Linsco for the use of such Carry Back Items at the rate the ASFC Group Linsco would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group a Linsco claim for refund. 101. h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group Linsco Tax Years ("Carry Forward Items"), the ASFC Group Linsco shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowASLI, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC ASLI is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC ASLI shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more. b. For purposes of this calculation, all members of the ASFC Group ASLI shall be treated as if they it had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group ASLI described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group ASLI is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group ASLI shall not use such benefit in calculating its Separate Tax Liability. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group ASLI shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group ASLI ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group ASLI has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupASLI's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group ASLI separate return Tax Years ("Carry Back Items"), LNC ASIC shall reimburse ASFC ASLI for the use of such Carry Back Items at the rate the ASFC Group ASLI would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group a ASLI claim for refund. 101. h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group ASLI Tax Years ("Carry Forward Items"), the ASFC Group ASLI shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC ASIC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowASL, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC ASL is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC ASL shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more. b. For purposes of this calculation, all members of the ASFC Group ASL shall be treated as if they it had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group ASL described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group ASL is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group ASL shall not use such benefit in calculating its Separate Tax Liability. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group ASL shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group ASL ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group ASL has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupASL's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group ASL separate return Tax Years ("Carry Back Items"), LNC ASIC shall reimburse ASFC ASL for the use of such Carry Back Items at the rate the ASFC Group ASL would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group ASL claim for refund. 101. h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group ASL Tax Years ("Carry Forward Items"), the ASFC Group ASL shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC ASIC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. For any Tax Year in which CSLIC is included in a consolidated federal income tax return with GLAC, GLAC’s federal income tax liability shall be allocated between CSLIC and the other members of the GLAC Consolidated Group as follows: Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowCSLIC, on a hypothetical consolidated separate return basis ("“Separate Tax Liability") ”), for each Tax Year, or for any part of a Tax Year during which ASFC CSLIC is included in the LNC Consolidated Groupa consolidated federal income tax return with GLAC. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. a. A Member’s portion of the tax liability, estimated tax or refund of tax of the group (the “Tax Allocation”) shall be the tax liability, estimated tax or refund of tax of the group, multiplied by a fraction, the numerator of which is the separate return liability, estimated tax or refund of tax of such Member, and the denominator of which is the sum of the separate return tax liabilities, estimated taxes or refund of taxes of all the Members. b. A Member’s Tax Allocation is increased by 100% of the excess, if any, of the Member’s separate return tax liability, estimated tax or refund of taxes over the Member’s Tax Allocation determined under paragraph 2(a). c. For purposes of this Paragraph 2, CSLIC shall be treated as a corporation which files a separate federal income tax return except as otherwise provided in this agreement. Such Separate Tax Liability shall be calculated as follows: a. ASFC shall be treated as the common parent of an affiliated group that files a consolidated federal income tax return including all subsidiaries of ASFC which are included in the LNC Consolidated Group (the "ASFC Group"). For purposes of this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more. b. For purposes of this calculation, all members of the ASFC Group shall be treated as if they had never been included in the LNC Consolidated Group. c. i. Gains and losses on intercompany transactions (as defined in Treasury Regulation Section 1.1502-13(b)(1) shall be disregarded until such time as they are recognized in the consolidated federal Consolidated Return. ii. Transactions with respect to stock, bonds, or other obligations of Members shall be reflected when they are recognized in the Consolidated Return. iii. Excess losses (as defined in Treasury Regulation Section 1.1502-19) shall be included in income tax return when recognized in the Consolidated Return. iv. For purposes of determining the amount of the LNC Member’s depreciation deduction pursuant to Section 167 of the Code, a transfer of property from one Member to another Member during the year shall be disregarded; v. A dividend distributed by one Member to another Member during the year shall not be taken into account in computing the deductions for dividends received and paid; vi. Basis shall be determined pursuant to Treasury Regulation Sections 1.1502-31 and 1.1502-32; and, earnings and profits shall be determined under Treasury Regulation Sections 1.1502-33 and 1.1502-1(a)(2)(ii); vii. Treasury Regulation Section 1.1502-3(f)(2) shall apply; viii. Without duplication of any item described in subparagraphs (i) through (vi) above, in the case of any item of income, gain, deduction, loss or credit that is computed or subject to a limitation only on a consolidated basis, including but not limited to, charitable contributions, capital losses, foreign tax credits, research and experimentation credit and gains and losses pursuant to Section 131 of the Code (“Consolidated Items”), each such Consolidated Item shall be taken into account by Member only if, and to the extent that a Consolidated Item is taken into account in the tax year and to the extent it actually affects the amount of the tax liability of the Affiliated Group; and ix. In the case of the treatment of an item subject to an election made only on a consolidated basis, the treatment will be governed by the election made by Parent with respect to the Consolidated Return. d. x. Income, gaingains, deductions, credits, and similar items of the ASFC Group CSLIC described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivisionsection. e. To the extent that any corporation in the ASFC Group is unable to avail itself of xi. In calculating its Separate Tax Liability, CSLIC shall not use as a benefit: 1. Any special rules applicable only to small corporations, lower 2. Lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other or 3. Any similar item because it CSLIC participates in the filing of the a consolidated federal income tax return of the LNC Consolidated Group, the ASFC Group shall not use such benefit in calculating its Separate Tax Liabilityreturn. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC Group's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group separate return Tax Years ("Carry Back Items"), LNC shall reimburse ASFC for the use of such Carry Back Items at the rate the ASFC Group would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group claim for refund. 101 h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group Tax Years ("Carry Forward Items"), the ASFC Group shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC to the extent that paragraph 2.c., below, applies.

Separate Tax Liability. Periodic computations shall be made of the federal income tax liability of the ASFC Group, defined belowASP, on a hypothetical consolidated separate return basis ("Separate Tax Liability") ), for each Tax Year, or for any part of a Tax Year during which ASFC ASP is included in the LNC Consolidated Group. Computations shall be made at least once per quarter to support the required payments of quarterly estimated taxes and shall also be made at the time of the original and extended due dates for the filing of the federal income tax return for each Tax Year. Such Separate Tax Liability shall be calculated as follows: a. ASFC ASP shall be treated as the common parent of an affiliated group that a corporation which files a consolidated federal income tax return including all subsidiaries of ASFC which are included in separate from the LNC Consolidated Group (the "ASFC Group"). For purposes of , except as otherwise provided in this Agreement, the ASFC Group shall be treated as having constituted a consolidated group for five years or more. b. For purposes of this calculation, all members of the ASFC Group ASP shall be treated as if they it had never been included in the LNC Consolidated Group. c. Gains and losses on intercompany transactions shall be disregarded until such time as they are recognized in the consolidated federal income tax return of the LNC Consolidated Group. d. Income, gain, deductions, credits, and similar items of the ASFC Group ASP described in Treasury Regulation section 1.1552-1(a)(2)(ii) shall generally be taken into account in the manner specified in that subdivision. e. To the extent that any corporation in the ASFC Group ASP is unable to avail itself of special rules applicable only to small corporations, lower tax rates applicable to part or all of the income of a single corporation, the exemption provided in Internal Revenue Code section 59A (applicable to the environmental tax) or any other similar item because it participates in the filing of the federal income tax return of the LNC Consolidated Group, the ASFC Group ASP shall not use such benefit in calculating its Separate Tax Liability. f. Income, gain, deductions, credits, and similar items of any member of the ASFC Group ASP shall not be included to the extent attributable to a period commencing on or after the date that member of the ASFC Group ASP ceases to be includible in the LNC Consolidated Group. g. For each quarter of a Tax Year that the ASFC Group ASP has net operating losses, net capital losses, tax credits or any other tax benefits that have not been used to decrease the ASFC GroupASP's Separate Tax Liability in the current Tax Year ("Excess Tax Items") that can be used as hypothetical carry back items against prior hypothetical ASFC Group ASP separate return Tax Years ("Carry Back Items"), LNC ASIC shall reimburse ASFC ASP for the use of such Carry Back Items at the rate the ASFC Group ASP would have been entitled to receive had such Carry Back Items actually been used in an ASFC Group ASP claim for refund. 101. h. To the extent that Excess Tax Items can ultimately be used as hypothetical carry forward items against future hypothetical ASFC Group ASP Tax Years ("Carry Forward Items"), the ASFC Group ASP shall be entitled to use such Excess Tax Items to offset future years' income but will be required to reimburse LNC ASIC to the extent that paragraph 2.c., below, applies.