ETA Election. The Purchaser and the Vendor shall, on the Closing Date, elect jointly under subsection 167(1) of the ETA and corresponding provincial legislation, in the form prescribed for the purposes of that subsection, in respect of the sale and transfer of the Purchased Assets hereunder. The Purchaser shall file such elections with Canada Revenue Agency or the appropriate Governmental Authority not later than the last day on which it is required to file its first return for its reporting period which includes the Closing Date.
ETA Election. The Parties will use their commercially reasonable efforts in good faith to minimize any taxes payable under the ETA in respect of the sale and transfer of the Purchased Assets hereunder by, making a joint election under Section 167 of the ETA, if applicable, and under any similar provision of any applicable provincial legislation, in the form prescribed for the purposes of that provision and the Purchaser shall file such election with the Canada Revenue Agency within the prescribed time periods. The Real Property Purchasers will provide the Vendor with a GST Undertaking and Indemnity at Closing.
ETA Election. The Purchaser and the Vendor shall elect jointly under subsection 167(1) of the ETA, in the form prescribed for the purposes of that provision, in respect of the sale and transfer hereunder of the Purchased Assets, to the extent available, in respect of which GST would otherwise be payable, and the Purchaser shall file such election with the Canada Revenue Agency on or before the time specified in subsection 167(1.1) of the ETA for this purpose.
ETA Election. Buyer and Seller shall elect jointly under subsection 167(1) of the Excise Tax Act (Canada) in the form prescribed for the purposes of that subsection, in respect of the sale and transfer of the Assets hereunder, and Buyer shall file such election in its GST return for its reporting period that includes the Closing Date.
ETA Election. Provided that Buyer can do so through USNR/KCC without incurring any cost to Buyer or to USNR/KCC (or if Seller agrees to reimburse Buyer for any cost to Buyer or to USNR/KCC), Buyer (through USNR/KCC) shall, along with the Seller, jointly make the election provided for in paragraph 167(1)(b) of the Excise Tax Act (Canada) (the "ETA") to have subsection 167(1.1) of the ETA apply to the sale and purchase of the Assets; and Buyer (through USNR/KCC) shall file the election within the time prescribed by subsection 167(1.1)
ETA Election. If applicable, at the Closing the Purchaser and the Vendor shall execute jointly an election under subsection 167(1) of the ETA to have the sale of the Purchased Assets take place on a GST/HST-free basis under the ETA. The Purchaser shall file the election in the manner and within the time prescribed by the relevant legislation. Notwithstanding anything to the contrary in this Agreement, the Purchaser shall indemnify and hold the Vendor harmless in respect of any GST/HST, penalties, interest and other amounts which may be assessed against the Vendor as a result of the transactions under this Agreement not being eligible for such election or as a result of the Purchaser’s failure to file the election within the prescribed time.
ETA Election. Seller and Purchaser will, on or before the Closing Date, jointly execute an election in the prescribed form and containing the prescribed information, to have subsection 167(1.1) of the ETA apply to the sale and purchase of the Acquired Assets hereunder so that no tax is payable in respect of such sale and purchase under Part IX of the ETA. Purchaser will file such elections with the appropriate Taxing Authority within the time prescribed by the ETA. Purchaser will indemnify and save harmless Seller for all liabilities, claims, expenses or losses (including legal fees and disbursements) as a result of Seller not collecting or remitting any tax under Part IX of the ETA in respect of the sale of the Acquired Assets, or because of Purchaser’s failure to file the above elections in a timely fashion.
ETA Election. 20 3.7........... Transfer Taxes........................................................................................ 20 3.8........... Income Tax Election............................................................................... 20
ETA Election. MDA and Can AcquisitionCo shall elect jointly under subsection 167(1) of the ETA, in the form prescribed for the purposes of those provisions to elect that GST not apply in respect of the sale and transfer of the Richmond Assets and Can AcquisitionCo and MDA shall file such election in its GST returns for the reporting period that includes the Closing Date.
ETA Election. The Purchaser and the Vendor shall, within 60 days of the Closing Date, elect jointly under subsection 167(1) of the ETA, in the form prescribed for the purposes of that subsection, in respect of the sale and transfer of the Purchased Assets hereunder. The Purchaser shall file such election with Revenue Canada, Excise not later than the day on which it is required to file its GST return for its reporting period which includes the Closing Date.
