Common use of Penalty Fee Clause in Contracts

Penalty Fee. The Penalty Fee shall consist of 105 percent of (a) the incremental, onetime fee (estimated by the Actuary if necessary) of a third-party administrator (to be selected by the Company in its sole discretion) charged by such administrator in connection with assuming responsibility for all the administrative services to be provided under the Administrative Services Agreement for the Policies, Post-Closing Policies and Separate Accounts subject to recapture (the “Recaptured Business”), 12.lm (b) the fees and costs (estimated by the Actuary if necessary) of the Actuary for its work in calculating the Recapture Fee and of any attorneys or other outside consultants advising the Company in connection with the recapture.

Penalty Fee. The Penalty Fee shall consist of 105 percent of (a) the incremental, onetime fee (estimated by the Actuary if necessary) of a third-party administrator (to be selected by the Company in its sole discretion) charged by such administrator in connection with assuming responsibility for all the administrative services to be provided under the Administrative Services Agreement for the Policies, Post-Closing Policies and Separate Accounts subject to recapture (the “"Recaptured Business”"), 12.lm (b) the fees and costs (estimated by the Actuary if necessary) of the Actuary for its work in calculating the Recapture Fee and of any attorneys or other outside consultants advising the Company in connection with the recapture.

Penalty Fee. The Penalty Fee shall consist of 105 percent of (a) the incremental, onetime fee (estimated by the Actuary if necessary) of a third-party administrator (to be selected by the Company in its sole discretion) charged by such administrator in connection with assuming responsibility for all the administrative services to be provided under the Administrative Services Agreement for the Policies, Post-Closing Policies and Separate Accounts subject to recapture (the “"Recaptured Business”"), 12.lm plus (b) the fees and costs (estimated by the Actuary if necessary) of the Actuary for its work in calculating the Recapture Fee and of any attorneys or other outside consultants advising the Company in connection with the recapture.

Penalty Fee. The Penalty Fee shall consist of 105 percent of (a) the incremental, onetime fee (estimated by the Actuary if necessary) of a third-party administrator (to be selected by the Company in its sole discretion) charged by such administrator in connection with assuming responsibility for all the administrative services to be provided under the Administrative Services Agreement for the Policies, Post-Closing Policies and Separate Accounts subject to recapture (the “Recaptured Business”), 12.lm plus (b) the fees and costs (estimated by the Actuary if necessary) of the Actuary for its work in calculating the Recapture Fee and of any attorneys or other outside consultants advising the Company in connection with the recapture.