Common use of FFCRA Compliance Clause in Contracts

FFCRA Compliance. (a) The Companies have, since April 1, 2020, retained all information required to substantiate any Qualified Leave Wages, and any Qualified Health Plan Expenses, as required by the IRS, including by retaining copies of properly filed IRS Forms 941 and 7200 to the extent applicable. (b) Since April 1, 2020, no Company has funded or paid any Qualified Leave Wages, Qualified Health Plan Expenses, or any Medicare Tax on Qualified Leave Wages, from amounts allocated to or reserved for the payment of employment Taxes (including amounts already withheld) or that are set aside for deposit with the IRS, in each case, whether or not shown on the Financial Statements. (c) Since April 1, 2020, no Company has requested an “advance payment of employer credits” on IRS Form 7200 or otherwise or received a refund of Tax credits for Qualified Leave Wages or any “employee retention credit” as described in Section 2301 of the CARES Act. (d) No Company has made a claim for Tax credits in respect of the same wages pursuant to the FFCRA and the CARES Act.

FFCRA Compliance. (ai) The Companies haveEach Target Company has, since April 1, 2020, retained all information required to substantiate any Qualified Leave Wages, and any Qualified Health Plan Expenses, as required by the IRS, including by retaining copies of properly filed IRS Forms 941 and 7200 to the extent applicable. (bii) Since April 1, 2020, no Target Company has funded or paid any Qualified Leave Wages, Qualified Health Plan Expenses, or any Medicare Tax on Qualified Leave Wages, from amounts allocated to or reserved for the payment of employment Taxes (including amounts already withheld) or that are set aside for deposit with the IRS, in each case, whether or not shown on the Financial StatementsCompany Financials. (ciii) Since April 1, 2020, no Target Company has requested an “advance payment of employer credits” on IRS Form 7200 or otherwise or and has not received a refund of Tax credits for Qualified Leave Wages or any “employee retention credit” as described in Section 2301 of the CARES Act. (div) No Target Company has made a claim for Tax credits in respect of the same wages pursuant to the FFCRA and the CARES Act.