| (3)__The nonparticipating manufacturer is in full | compliance with subchapter 3 and any rules adopted | pursuant to this section and subchapter 3; |
|
| (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; |
|
| (5)__The account number of the qualified escrow fund | and the subaccount number for the State; |
|
| (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 |
|
| (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. |
|
| | 4.__Tobacco__product manufacturer; brand family.__A tobacco | product manufacturer may not include a brand family in its | certification unless: |
|
| 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 |
|
| 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. |
|
| 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. |
|
|