Consolidated Group. Seller (A) has not been a member of an affiliated group within the meaning of Code Section 1504(a) (or any similar group defined under a similar provision of state, local or foreign law) and (B) has no liability for Taxes of any person (other than Seller and its Subsidiaries) under Treas. Reg. sect. 1.1502-6 (or any similar provision of state, local or foreign law), as a transferee or successor by contract or otherwise.
Consolidated Group. The Borrower and the Guarantor Subsidiaries are engaged in the businesses set forth in Section 6.13 of this Agreement. These operations require financing on a basis such that the credit supplied can be made available from time to time to the Borrower and the Guarantor Subsidiaries, as required for the continued successful operation of the Borrower and the Guarantor Subsidiaries. The Borrower and the Guarantor Subsidiaries have requested that Lenders make the Loan available primarily for the purposes of financing the operations of Borrower and the Guarantor Subsidiaries. The Borrower and the Guarantor Subsidiaries expect to derive benefit (and the boards of directors or other governing body of each of the Borrower and the Guarantor Subsidiaries may reasonably be expected to derive benefit), directly or indirectly, from the Loan, both in their separate capacities and as members of the group of companies, since the successful operation and condition of the Borrower and each Guarantor Subsidiary is dependent on the continued successful performance of the functions of the group as a whole.
Consolidated Group. Company has never been a member of an affiliated group of corporations that filed a consolidated tax return.
Consolidated Group. Schedule 3.5.(d) lists every year Company was a member of an affiliated group of corporations that filed a consolidated tax return on which the statute of limitations does not bar a federal tax assessment, and each corporation that has been part of such group. No affiliated group of corporations of which Company has been a member has discontinued filing consolidated returns during the past five years.
Consolidated Group. As soon as available, but in any event within forty (40) days after the end of the first calendar month ending after the Closing Date and within thirty (30) days after the end of each subsequent calendar month, company-prepared consolidated and consolidating balance sheets of the Consolidated Group as of the end of such calendar month and related company-prepared consolidated and consolidating statements of operations, shareholders' equity and cash flows for such monthly period and for the fiscal year to date, in each case setting forth in comparative form the consolidated and consolidating figures for the corresponding period or periods of the preceding fiscal year or the portion of the fiscal year ending with such period, as applicable, in each case subject to normal year-end audit adjustments.
Consolidated Group. During the past ten years the Company has not been a member of an affiliated group of companies required to file consolidated Tax Returns other than the Affiliated Group. The Company has no Liability for Taxes of any Person under Treas. Reg. Section 1.1502-6 (or any similar provision of state, local or foreign Laws) other than other members of the Affiliated Group.
Consolidated Group. Oakmont has never been a member of an affiliated group of companies that was required to file a consolidated Tax Return.
Consolidated Group. Company (A) has not been a member of an affiliated group within the meaning of Code Section 1504(a) (or any similar group defined under a similar provision of state, local or foreign law) and (B) has no liability for Taxes of any Person (other than Company and its Subsidiaries) under Treas. Reg. Section 1.1502-6 (or any similar provision of state, local or foreign law), as a transferee or successor by Contract or otherwise.
Consolidated Group. The Company has never been a member of an affiliated group of corporations that filed a consolidated Tax Return. The Company has no Liability for the Taxes of any other entity under Section 1.1502-6 of the Treasury Regulations (or any similar provision (state, municipal, county, local, foreign, or other Laws related to Taxes)) as a transferee or successor, by Contract or otherwise.
Consolidated Group. Borrower and Guarantors are engaged in the businesses set forth in Section 7.2 of this Agreement. These operations require financing on a basis such that the credit supplied can be made available from time to time to Borrower and Guarantors, as required for the continued successful operation of Borrower and Guarantors. Borrower and Guarantors have requested that Lenders make the Credit Facilities available primarily for the purposes of financing the operations of Borrower and Guarantors. Borrower and Guarantors expect to derive benefit (and the boards of directors or other governing body of each of Borrower and Guarantors may reasonably be expected to derive benefit), directly or indirectly, from the Credit Facilities established by Lenders, both in their separate capacities and as members of the group of companies, since the successful operation and condition of Borrower and each Guarantor is dependent on the continued successful performance of the functions of the group as a whole.
