Canadian Tax Matters. The Borrower shall quarterly and more frequently when requested by the Agent, provide to the Agent or cause LDM Canada to provide to the Agent (i) a detailed accounting of all amounts paid (upon collection of LDM Canada's accounts or otherwise) by LDM Canada to the Borrower, whether or not applied to the Obligations outstanding and whether by way of loans, loan repayments, dividends or otherwise, together with a calculation of all withholding and other taxes payable in respect thereof and (ii) evidence satisfactory to the Agent of the remittance when due to the applicable Governmental Authorities of all withholding and other taxes payable in respect thereof.
Canadian Tax Matters. (a) This Option is a nonqualified option under the United States’ Internal Revenue Code of 1986, as amended. The Company does not make any representation regarding whether the Option is tax-qualified under the tax laws of Canada (federal or provincial) and provides no assurances as to the tax consequences of this Option under the tax laws of Canada (federal or provincial).
Canadian Tax Matters. (i) Each of Burgundy and Grizzly, together with Burgundy Tax Counsel, Grizzly Tax Counsel, and their other respective advisors as determined by each, shall consult with each other in good faith, and shall consult together with and seek a ruling (the “CRA Ruling Request”) from the Canadian Revenue Agency (“CRA”) substantially to the effect that the “Canadian Butterfly” transactions described in the Ruling Request (the “Canadian Butterfly Transaction”) will qualify as a tax-free transaction for Canadian income tax purposes under the potential transaction structures contemplated by Burgundy and Grizzly and in accordance with Schedule 8.3(e).
Canadian Tax Matters. (a) Purchaser shall, at Purchaser’s expense, prepare and timely file or shall cause to be prepared and timely filed (i) any Tax Return of each of Purchaser Sub and CIT ULC for any of its taxable periods ending after the Closing Date that includes a transaction in the Restructuring Plan, (ii) the Tax Return for the first taxable period of the entity resulting from the amalgamation, at step 12 of the Restructuring Plan, between Purchaser Sub and CIT ULC (“CanAmalCo”), which shall include (x) a designation under paragraph 88(1)(d) of the Canadian Tax Act to increase the cost to CanAmalCo of its member interests of CIT LLC by an amount equal to the maximum amount permissible under the Canadian Tax Act and (y) an election under section 93 of the Canadian Tax Act in respect of disposition by CanAmalCo of its CIT LLC member interests containing an elected amount that is equal to the tax-free surplus balance of CIT LLC, within the meaning of subsection 5905(5.5) of the Income Tax Regulations (Canada), and (iii) a form filed by Purchaser Sub with the Minister of National Revenue containing all information required by, and prepared in a manner that complies with, paragraph 212.3(7)(d) of the Canadian Tax Act.
Canadian Tax Matters. (i) The shares of Angoss Software Corporation or its predecessor have never been considered “taxable Canadian property” as defined in section 248 of the Income Tax Act (Canada) at any time, including at the time such shares were acquired by the Company.
Canadian Tax Matters. All real property Taxes, personal and intangible property Taxes and similar ad valorem obligations levied with respect to the Purchased Assets for a taxable period which includes (but does not end on) the Closing Date shall be apportioned between Canadian Seller and Buyer based on the number of days of such taxable period which fall on or before the Closing Date (a "Pre-Closing Tax Period") and the number of days of such taxable period after the Closing Date (a "Post-Closing Tax Period"). Canadian Seller shall be liable for the proportionate amount of such taxes that is attributable to the Pre-Closing Tax Period, and Buyer shall be liable for the proportionate amount of such taxes that is attributable to the Post-Closing Tax Period.
Canadian Tax Matters. Hecla, Acquireco or the Depositary shall withhold from any Cash Consideration payable to an Aurizon Optionholder and/or sell on behalf of an Aurizon Optionholder any Share Consideration deliverable to the Aurizon Optionholder in order to remit to Aurizon for remittance to a taxing authority a sufficient amount to comply with Tax Laws in respect of the cancellation of the Aurizon Options pursuant to the Plan of Arrangement.
Canadian Tax Matters. New Gold and Western intend that the merger of Western with New Gold Subco will qualify as an amalgamation within the meaning of Section 87 of the Tax Act.
Canadian Tax Matters. New Gold, Peak and Metallica intend that the amalgamations of Peak with BC Subco and Metallica with CBCA Subco will each qualify as an amalgamation within the meaning of Section 87 of the Tax Act.
Canadian Tax Matters. Notwithstanding anything contained in this Agreement to the contrary, the following shall apply to Seller, Assigning Subsidiaries, Purchaser and Purchaser Affiliates as applicable with respect to any Canadian Tax matters.
