CFC. Immediately after the Closing, the Company will not be a CFC as defined in the Code (or any successor thereto). The Company shall make due inquiry with its tax advisors on at least an annual basis regarding the Company’s status as a CFC and regarding whether any portion of the Company’s income is “subpart F income” (as defined in Section 952 of the Code).
CFC. The Company shall have disclosed to the Banks in writing --- any contractual restrictions on the ability of Conseco Finance Company to distribute Available Net Proceeds to the Company and the Banks shall be reasonably satisfied with such restrictions, including without limitation any such restrictions under the Xxxxxx Agreement.
CFC. The Company shall, and shall cause its direct Subsidiaries to, use commercially reasonable efforts to avoid generating any income of a character that would be includible in the gross income of any Member (or any direct or indirect owners of such Members) under Section 951 or Section 951A of the Code; provided, however, that the Company may form and own non-U.S. entities if (x) they are not treated as corporations for United States tax purposes, (y) they are not owned directly by the Company, but rather by a subsidiary of the Company which is both a corporation and a United States person for United States tax purposes, or (z) their formation and ownership is approved by holders of a majority of the outstanding Preferred Units, voting together as a separate class (which holders must include Viking and Matrix). Not later than 30 days following the end of the Company’s taxable year, the Company shall provide, upon the written request of any Member holding Units representing 10% or more of the aggregate then-outstanding Units (assuming conversion into Class A Common Units for all Preferred Units (and for any other Units convertible into Class A Common Units outstanding)) (a “10% Member”), such 10% Member with the Company’s capitalization table as of the end of such taxable year. The Company shall provide, upon the request of a 10% Member, such 10% Member with access to other Company information as may be required to determine such 10% Member’s status as “United States shareholder” of a “controlled foreign corporation” and to determine whether such 10% Member (or any direct or indirect owners of such 10% Member) is required to include any amount of the Company’s or its Subsidiaries’ undistributed earnings in its gross income for U.S. federal income tax purposes. In order to achieve the purposes of this Section 3.6, the Company shall consider in good faith relying on any proposed regulation upon which reliance is permitted, effect shall be given to Treasury Regulation 1.951A-1(e) (“Treatment of Domestic Partnerships”), and the Company shall consider in good faith making an election for application of the high tax exception pursuant to proposed Treasury Regulation 1.951A-2(c)(6) if and when such proposed regulation is made final with a view to minimizing gross income inclusions to the Company’s Members that qualify as “United States shareholder” as defined in Section 951 of the Code.
CFC. Status The Company shall provide to the Investors an annual statement setting forth its calculations with respect to its determination of whether it is a “controlled foreign corporation,” as defined in Section 957 of the Internal Revenue Code of 1986, as amended (a “CFC”), by the seventy-five (75) days after the end of each fiscal year of the Company. If at any time the Company determines that it is a CFC, it shall provide the Investors with written notice of such status and a statement summarizing calculations with respect to such determination within thirty (30) days of any such determination.
CFC. The term "CFC" shall mean a Person that is a controlled foreign corporation under Section 957 of the Code.
CFC. Carolina First Corporation, a bank holding company headquartered in Greenville, South Carolina. Where the context permits, CFC shall be deemed to include its subsidiaries.
CFC pdf Vendor Agreement Signature Form (Part 1) 230104 Vendor Agreement Signature Form (Part 1) CFC.pdf
CFC. Giving effect to the transactions contemplated by this Agreement and the other Transaction Agreements, none of the Group Companies is, or expects to become, a “Controlled Foreign Corporation (CFC)” within the meaning of Section 957 of the Code. For United States tax classification purposes the Company is classified as an association taxable as a corporation pursuant to Section 301.7701-2 of the Regulations. No election has been made under Section 301.7701-3 of the Regulations to treat the Company or any Group Company as a partnership or disregarded entity for United States Tax purposes.
CFC. The Company shall make due inquiry with its tax advisors on an annual basis regarding the Company’s status as a CFC and regarding whether any portion of the Company’s income is “subpart F income” (as defined in Section 952 of the Code). No later than one hundred and twenty (120) calendar days following the end of a taxable year in which the Company becomes a CFC, the Company shall inform the Investor of its status as a CFC.
CFC an entity that is a “controlled foreign corporation” within the meaning of Section 957 of the Code.
