Accounting Methods; Tax Matters. Except as disclosed in Buyer SEC Documents filed prior to the date of this Agreement, or as required by a Governmental Entity, Buyer shall not change in any material respect its methods of accounting in effect at July 31, 2003, except as required by changes in GAAP as concurred in by Buyer's independent public accountants. Buyer shall not (i) change its fiscal year; (ii) make or revoke any Tax election that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on the Company or Buyer; (iii) settle any material Tax claim or assessment or (iv) surrender any right to claim a material Tax refund or to any extension or waiver of the limitations period applicable to any material Tax claim or assessment.
Accounting Methods; Tax Matters. RVI shall not change its material methods of accounting or its financial accounting policies or procedures in effect at January 1, 2010, except as required by generally accepted accounting principles as concurred in writing by RVI’s independent auditors. RVI shall not (i) change its annual tax accounting period, (ii) change any material tax accounting method, (iii) make or change any tax election, (iv) settle or compromise any material tax audit, (v) file any amendment to a material tax return, (vi) enter into any material closing agreement, (vii) surrender any right to claim a material refund of taxes, or (viii) consent to any extension or waiver of the limitation period applicable to any material tax claim or assessment relating to RVI or any of its Subsidiaries.
Accounting Methods; Tax Matters. DSW shall not change its material methods of accounting or its financial accounting policies or procedures in effect at January 1, 2010, except as required by generally accepted accounting principles as concurred in writing by DSW’s independent auditors. DSW shall not (i) change its annual tax accounting period, (ii) change any material tax accounting method, (iii) make or change any material tax election, (iv) settle or compromise any material tax audit, (v) file any amendment to a material tax return, (vi) enter into any material closing agreement, (vii) surrender any right to claim a material refund of taxes, or (viii) consent to any extension or waiver of the limitation period applicable to any material tax claim or assessment relating to DSW or any of its Subsidiaries.
Accounting Methods; Tax Matters. Except as disclosed in Virata ------------------------------- SEC Documents filed prior to the date of this Agreement, or as required by a Governmental Entity, Virata shall not change in any material respect its methods of accounting in effect at April 1, 2001, except as required by changes in GAAP as concurred in by Virata's independent public accountants. Virata shall not (i) change its fiscal year; (ii) make any Tax election that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on Virata; (iii) settle any material Tax claim or assessment or (iv) surrender any right to claim a material Tax refund or to any extension or waiver of the limitations period applicable to any material Tax claim or assessment.
Accounting Methods; Tax Matters. Except as disclosed in Globespan ------------------------------- SEC Documents filed prior to the date of this Agreement, or as required by a Governmental Entity, Globespan shall not change in any material respect its methods of accounting in effect at March 31, 2001, except as required by changes in GAAP as concurred in by Globespan's independent public accountants. Globespan shall not (i) change its fiscal year, (ii) make any Tax election that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on Globespan, (iii) settle any material Tax claim or assessment or (iv) surrender any right to claim a material Tax refund or to any extension or waiver of the limitations period applicable to any material Tax claim or assessment.
Accounting Methods; Tax Matters. The Company shall not change in any material respect its material methods of accounting in effect at June 30, 2017. The Company shall not, and shall not permit any of its Subsidiaries to, make, change or revoke any material Tax election, change an annual Tax accounting period, change any material Tax accounting method, file any material amended Tax Return, enter into any closing agreement with respect to a material amount of Taxes, settle, compromise or consent to any extension or waiver of the limitation period applicable to any audit, assessment or claim for material Taxes or surrender any right to claim a refund of a material amount of Taxes, or take any other similar action relating to the filing of any Tax Return or the payment of any Tax. The Company shall not enter into any material Tax allocation agreement, Tax sharing agreement or Tax indemnity agreement. The Company shall not file any material Tax Return other than one prepared in a manner consistent with past practice, or apply for or enter into any ruling from any taxing authority with respect to Taxes. The Company shall not take any action or knowingly permit inaction or knowingly enter into any transaction that could reasonably be expected to have the effect of materially reducing or eliminating the amount of the tax cost “bump” pursuant to paragraphs 88(1)(c) and 88(1)(d) of the Tax Act in respect of the securities of any affiliates or Subsidiaries and other non-depreciable capital property owned by the Company or any of its Subsidiaries on the date hereof, upon an amalgamation or winding-up of the Company or any of its Subsidiaries (or any of their respective successors). The Company shall not make, and shall cause each of its Subsidiaries which is a corporation resident in Canada (within the meaning of the Tax Act) not to make, any “investment” (within the meaning of section 212.3(10) of the Tax Act) in a corporation that is not resident in Canada (within the meaning of the Tax Act); provided, however, that the Company and its Subsidiaries may make up to $1 million in the aggregate of such “investments” in the ordinary course of business. As promptly as possible after the date hereof, the Company shall provide Parent with a list of all Tax Returns with respect to which the Company or any of its Subsidiaries has requested an extension of time within which to file such Tax Return which Tax Return has not yet been filed.
Accounting Methods; Tax Matters. Except as disclosed in any XM SEC Document filed prior to the date of this Agreement, XM shall not change its methods of accounting in effect at December 31, 2005, except as required by generally accepted accounting principles as concurred in by XM’s independent auditors. XM shall not (i) change its annual tax accounting period and (ii) make any tax election that, individually or in the aggregate, would reasonably be likely to have a material adverse effect on XM or Sirius after the Effective Time.
Accounting Methods; Tax Matters. Except as disclosed in any Sirius SEC Document filed prior to the date of this Agreement, Sirius shall not change its methods of accounting in effect at December 31, 2005, except as required by generally accepted accounting principles as concurred in by Sirius’s independent auditors. Sirius shall not (i) change its annual tax accounting period and (ii) make any tax election that, individually or in the aggregate, would reasonably be likely to have a material adverse effect on Sirius after the Effective Time.
Accounting Methods; Tax Matters. Except as disclosed in any FoxHollow SEC Document filed prior to the date of this Agreement, FoxHollow shall not change its methods of accounting in effect at December 31, 2006, except as required by generally accepted accounting principles as concurred in by FoxHollow’s independent auditors. FoxHollow shall not (i) change its annual tax accounting period or (ii) make any tax election that, individually or in the aggregate, would reasonably be likely to have a material adverse effect on FoxHollow or ev3 after the Effective Time.
Accounting Methods; Tax Matters. Except as disclosed in any ev3 SEC Document filed prior to the date of this Agreement, ev3 shall not change its methods of accounting in effect at December 31, 2006, except as required by generally accepted accounting principles as concurred in by ev3’s independent auditors. ev3 shall not (i) change its annual tax accounting period and (ii) make any tax election that, individually or in the aggregate, would reasonably be likely to have a material adverse effect on ev3 after the Effective Time.
