Common use of Potential Restructuring Clause in Contracts

Potential Restructuring. LNC and the Purchaser acknowledge that they have discussed certain potential alternative structures to accomplish the parties’ respective business purposes in the transactions contemplated by this Agreement. Each of LNC and the Purchaser agrees to continue to discuss in good faith such alternative structures. Each party agrees to implement any such structures proposed by the other party that will not adversely affect such 46 party from an accounting, economic, tax or regulatory perspective. LNC and the Purchaser will execute such agreements and other documentation as may be reasonably required to implement any such alternative structure and shall adjust the allocation provisions in Section 5.23 to reflect such structure based upon mutual agreement; provided that any such change in such allocation provisions shall be consistent with the methodology and assumptions upon which Section 5.23 is based.

Appears in 1 contract

Sources: Stock and Asset Purchase Agreement

Potential Restructuring. LNC and the Purchaser acknowledge that they have discussed certain potential alternative structures to accomplish the parties’ respective business purposes in the transactions contemplated by this Agreement. Each of LNC and the Purchaser agrees to continue to discuss in good faith such alternative structures. Each party agrees to implement any such structures proposed by the other party that will not adversely affect such 46 party from an accounting, economic, tax or regulatory perspective. LNC and the Purchaser will execute such agreements and other documentation as may be reasonably required to implement any such alternative structure and shall adjust the allocation provisions in Section 5.23 to reflect such structure based upon mutual agreement; provided that any such change in such allocation provisions shall be consistent with the methodology and assumptions upon which Section 5.23 is based.

Appears in 1 contract

Sources: Stock and Asset Purchase Agreement (Lincoln National Corp)