Compliance with Code and Regulations Sample Clauses

Compliance with Code and Regulations. The provisions of this Agreement that relate to the allocations for Federal income tax purposes of items of Company income (including Exempt Income), gain, loss, deduction and Nondeductible Expenditure (including the allocation of such items with respect to property having a Gross Asset Value different from adjusted Federal income tax basis), that relate to the determination and maintenance of Capital Accounts, and that relate to the distribution of Company property upon the liquidation of the Company or a Member's interest therein, are intended to comply with Regulations Section 1.704-1(b) (to the extent not superseded by Regulations Section 1.704-2) and Regulations Section 1.704-2, and with Code Section 704(c) and the Regulations promulgated thereunder shall be interpreted and applied in a manner consistent with such statutory and regulatory provisions, which statutory and regulatory provisions are expressly incorporated into and made a part of this Agreement. Should such statutory and regulatory provisions be amended, to the extent that such amendments are applicable to this Agreement, the affected provisions of this Agreement shall be interpreted and applied in accordance with such amended provisions.
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Compliance with Code and Regulations. The ADP test for the Plan will be performed in compliance with the terms of the Plan, section 401(k)(3) of the Code and Regulation section 1.401(k)-2.
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Compliance with Code and Regulations. The ACP test for the Plan will be performed in compliance with the terms of the Plan, section 401(m)(2) of the Code and Regulation section 1.401(m)-2.
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Compliance with Code and Regulations. The correction of Excess 401(k) Contributions will be made in compliance with the terms of the Plan, section 401(k)(3) of the Code and Regulation section 1.401(k)-2.
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Compliance with Code and Regulations. The correction of Excess Aggregate Contributions will be made in compliance with the terms of the Plan, section 401(m)(2) of the Code and Regulation section 1.401(m)-2.
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Compliance with Code and Regulations. (a) The Borrower shall at all times do and perform all acts and things necessary in order to assure that interest paid on the Bonds shall, for the purposes of federal income taxation, be excludable from the gross income of the recipients thereof, except in the event that such recipient is a Substantial User or Related Person to a Substantial User. In addition, any and all actions to be undertaken by the Borrower or by any other Person as to which the Issuer must, pursuant to the terms hereof, consent or approve in advance, shall be deemed to be the actions of the Borrower or such other Person (and not the actions of the Issuer). (b) The Borrower shall not permit at any time or times any of the Gross Proceeds to be used, directly or indirectly, to acquire any Investment Property (within the meaning of Section 148(b)(2) of the Code) the acquisition of which would cause the Bonds to be "arbitrage bonds" for the purposes of Section 148 of the Code. (c) The Borrower shall use the Bond Proceeds to refund the Prior Bonds. The proceeds of the Prior Bonds were used to refinance the Projects in the manner and as specifically set forth in the Tax Certificate, the terms of which are hereby incorporated herein in their entirety. The Borrower has not expended the Bond Proceeds on assets other than those described in the Tax Certificate. (d) The Borrower shall calculate or cause to be calculated Rebatable Arbitrage (as defined in Section 5.9 of the Indenture) in accordance with the provisions of Section 5.9 of the Indenture and the Tax Certificate and shall pay to the Trustee the amount of any Rebatable Arbitrage for deposit to the Rebate Fund. The Borrower shall direct the Trustee in writing to pay to the United States any Rebatable Arbitrage as required by Section 5.9 of the Indenture and the Tax Certificate.
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Compliance with Code and Regulations. The Stores shall be ------------------------------------ constructed, renovated, equipped, operated, used and maintained in material and substantial compliance with, and shall at all times during the ownership by Borrower continue to be in material and substantial compliance with all applicable laws including, without limitation, all applicable safety, fire, health, and other codes or regulations affecting the Properties, including, without limitation, all applicable provisions of Title III of the Americans with Disabilities Act of 1990 (as same may be amended from time to time) and all applicable provisions of the Occupational Health and Safety Act so as to avoid the imposition of penalties or disruption of the Business.
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Compliance with Code and Regulations. Notwithstanding any provisions of this Agreement to the contrary, the foregoing provisions of Article 14 shall be construed so as to comply with the provisions of Section 706 of the Code and the Treasury Regulations thereunder and Treasury Regulation Section 1.704-1.
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Compliance with Code and Regulations. The provisions of ------------------------------------ this Agreement that relate to the allocations for federal income tax purposes of items of Partnership income (including Exempt Income), gain, loss, deduction and Nondeductible Expenditure (including, without limitation, the allocation of such items with respect to property having a Gross Asset Value different from adjusted federal income tax basis), that relate to the determination and maintenance of Capital Accounts, and that relate to the distribution of Partnership property upon the liquidation of the Partnership or a Partner's interest therein, are intended to comply with Regulations Section 1.704-1(b) (to the extent not superseded by Regulations Section 1.704-2) and Regulations Section 1.704-2, and with Code Section 704(c) and the Regulations promulgated thereunder and, except as otherwise provided in the definition of a "Capital Account" as set forth in Section 1.6 hereof, shall be interpreted and applied in a manner consistent with such statutory and regulatory provisions, which statutory and regulatory provisions are expressly incorporated into and made a part of this Agreement. Should such statutory and regulatory provisions be amended, the affected provisions of this Agreement shall be interpreted and applied in accordance with such amended provisions.
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Related to Compliance with Code and Regulations

  • Compliance with OFAC Rules and Regulations None of the Credit Parties or their Subsidiaries or their respective Affiliates (a) is a Sanctioned Person, (b) has more than 15% of its assets in Sanctioned Countries, or (c) derives more than 15% of its operating income from investments in, or transactions with Sanctioned Persons or Sanctioned Countries. No part of the proceeds of any Extension of Credit hereunder will be used directly or indirectly to fund any operations in, finance any investments or activities in or make any payments to, a Sanctioned Person or a Sanctioned Country.

  • Compliance with Applicable Laws and Regulations (a) To the best of Borrower’s knowledge after due inquiry and investigation, each of the following is true: (i) All Improvements and the use of the Mortgaged Property comply with all applicable statutes, rules and regulations, including all applicable statutes, rules and regulations pertaining to requirements for equal opportunity, anti-discrimination, fair housing, environmental protection, zoning and land use (“legal, non-conforming” status with respect to uses or structures will be considered to comply with zoning and land use requirements for the purposes of this representation). (ii) The Improvements comply with applicable health, fire, and building codes. (iii) There is no evidence of any illegal activities relating to controlled substances on the Mortgaged Property. (b) Reserved.

  • Compliance with Rules and Regulations PFPC undertakes to comply with all applicable requirements of the Securities Laws and any laws, rules and regulations of governmental authorities having jurisdiction with respect to the duties to be performed by PFPC hereunder. Except as specifically set forth herein, PFPC assumes no responsibility for such compliance by the Fund or any other entity.

  • Compliance with Applicable Laws, Rules and Regulations The Dealer Manager represents to the Company that (a) it is a member of FINRA in good standing, and (b) it and its employees and representatives who will perform services hereunder have all required licenses and registrations to act under this Agreement. With respect to its participation and the participation by each Participating Dealer in the offer and sale of the Offered Shares (including, without limitation, any resales and transfers of Offered Shares), the Dealer Manager agrees, and, by virtue of entering into the Participating Dealer Agreement, each Participating Dealer shall have agreed, to comply with any applicable requirements of the Securities Act and the Exchange Act, applicable state securities or blue sky laws, and, specifically including, but not in any way limited to, NASD Conduct Rules 2340 and 2420, and FINRA Conduct Rules 2310, 5130 and 5141.

  • Compliance with Regulations The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

  • Compliance with Governmental Rules and Regulations Except as otherwise provided in the Agreement and except for the accuracy of information furnished to the Fund by Price Services, each Fund assumes full responsibility for the preparation, contents and distribution of its prospectuses and compliance with all applicable requirements of the ’40 Act, the ‘34 Act, the ‘33 Act, and any other laws, rules and regulations of governmental authorities having jurisdiction over the Fund. Price Services shall be responsible for complying with all laws, rules and regulations of governmental authorities having jurisdiction over transfer agents and their activities and cooperating with respect to examinations and requests from such governmental authorities.

  • Compliance with all Applicable Laws and Regulations Grantee must comply with all applicable federal, state and local laws, rules, regulations, and ordinances in administering CRF under this Agreement. Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state, and local health and safety rules and regulations. Grantee’s failure to comply with any part of this provision is material and must be grounds for termination of this Agreement for cause by Florida Housing.

  • Compliance with Governmental Regulations Landlord and Tenant shall comply with all rules, regulations and requirements promulgated by national, state or local governmental agencies or utility suppliers concerning the use of utility services, including any rationing, limitation or other control. Tenant shall not be entitled to terminate this Lease nor to any abatement in rent by reason of such compliance.

  • COMPLIANCE WITH STATUTES AND REGULATIONS a) Contractor warrants and certifies that in the performance of this Contract, it will comply with all applicable statutes, rules, regulations and orders of the United States and the State of California and agrees to indemnify the State against any loss, cost, damage or liability by reason of Contractor’s violation of this provision. b) If this Contract is in excess of $554,000, it is subject to the requirements of the World Trade Organization (WTO) Government Procurement Agreement (GPA).

  • Compliance with Legislation Should any term of this Agreement fail to comply with a mandatory minimum standard or requirement imposed by applicable legislation, then the minimum standard or requirement shall apply in place of the offending term of this Agreement, and shall constitute the rights and obligations of the Parties in that respect.

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