| | | (3)__The nonparticipating manufacturer is in full | | compliance with subchapter 3 and any rules adopted | | pursuant to this section and subchapter 3; |
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| | | (4)__The name, address and telephone number of the | | financial institution where the nonparticipating | | manufacturer has established the qualified escrow fund | | required under section 1580-I; |
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| | | (5)__The account number of the qualified escrow fund | | and the subaccount number for the State; |
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| | | (6)__The amount the nonparticipating manufacturer | | placed in the qualified escrow fund for cigarettes sold | | in the State during the preceding calendar year, the | | date and amount of each deposit and evidence or | | verification as may be determined necessary by the | | Attorney General to confirm the amount; and |
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| | | (7)__The amount and date of any withdrawal or transfer | | of funds the nonparticipating manufacturer made at any | | time from the qualified escrow fund or from any other | | qualified escrow fund into which the nonparticipating | | manufacturer has made escrow payments. |
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| | | 4.__Tobacco__product manufacturer; brand family.__A tobacco | | product manufacturer may not include a brand family in its | | certification unless: |
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| | | A.__In the case of a participating manufacturer, the | | participating manufacturer affirms that the brand family is | | deemed to be the participating manufacturer's cigarettes for | | purposes of calculating its payments under the Master | | Settlement Agreement for the relevant year, in the volume | | and shares determined pursuant to the Master Settlement | | Agreement; and |
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| | | B.__In the case of a nonparticipating manufacturer, the | | nonparticipating manufacturer affirms that the brand family | | is deemed to be the nonparticipating manufacturer's | | cigarettes for purposes of subchapter 3. |
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| | | Nothing in this subsection may be construed as limiting or | | otherwise affecting the State's right to maintain that a | | brand family constitutes cigarettes of a different tobacco | | product manufacturer for purposes of calculating payments | | under the Master Settlement Agreement or for purposes of | | subchapter 3. |
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