Excessive Eligible Dividend Designation Election. If it is determined that the Company has made an “excessive eligible dividend designation” (as defined in subsection 89(1) of the Tax Act), the Seller Representative, Sellers and the Company hereby concurs in the making of an election under subsection 185.1(2) of the Tax Act in respect of such dividend, and such election shall be made by the Company (or any successor thereto) in the manner and within the time prescribed by subsections 185.1(2) and 185.1(3) of the Tax Act.
Excessive Eligible Dividend Designation Election. If it is determined that the Ingénia Group made an “excessive eligible dividend designation” (as defined in subsection 89(1) of the ITA) on or before the Closing Date, the Vendors’ Representative hereby concurs (or shall cause the recipient of the relevant dividend to concur) in the making of an election under subsection 185.1(2) of the ITA in respect of the full amount thereof, and such election shall be made by the Ingénia Group in the manner and within the time prescribed by subsections 185.1(2) and 185.1(3) of the ITA. (j)
