FIRPTA Certification. The Company shall have delivered to Parent a statement issued and executed by the Company pursuant to and in compliance with Sections 1.897-2(h) and 1.1445-2(c) of the Treasury Regulations certifying that the Company Shares are not a “United States real property interests” within the meaning of the Code.
FIRPTA Certification. An affidavit in the form attached hereto as Exhibit V with respect to compliance with the Foreign Investment in Real Property Tax Act (Code Section 1445 and the Treasury Regulations thereunder).
FIRPTA Certification. Upon expiration of the Offer and immediately prior to the Effective Time, the Company shall provide to Parent a certification that stock in the Company is not a U.S. real property interest because the Company is not, and has not been, a "United States real property holding corporation" within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code. Such certification shall be in accordance with Treasury Regulation Section 1.1445-2(c)(3)(i). The Company shall timely deliver to the Internal Revenue Service the notification required under Treasury Regulation Section 1.897-(2)(h)(2).
FIRPTA Certification. Within two days prior to the purchase of Shares pursuant to the Offer, the Company shall provide to the Parent and Subsidiary a certification in accordance with Sections 1.897-2(h) and 1.1445-2(c)(3) of the Treasury regulations to the effect that Company is not, nor has it been at any time during the specified period in Section 897(c)(1)(A)(ii), a “United States Real Property Holding Corporation” as that term is defined in Section 897(c)(2) of the Code.
FIRPTA Certification. Seller shall deliver to Buyer a certification to the extent required under Section 1445 of the Code in accordance with the Treasury Regulations thereunder.
FIRPTA Certification. Section 6.13 Officer’s Certificate
FIRPTA Certification. Peoples shall have received a statement executed on behalf of Xxxxxxxxx, dated as of the Effective Date, satisfying the requirements of Treasury Regulations Section 1.1445-2(c)(3) (in a form reasonably acceptable to Peoples) certifying that the Limestone Common Stock do not represent United States real property interests within the meaning of Section 897 of the Code and the Treasury regulations promulgated thereunder.
FIRPTA Certification. Borrower declares and certifies, under penalty of perjury, that: (i) the U.S. Taxpayer I.D. Number of United Homes is 00-0000000, of United Arizona is 00-0000000, of United Illinois is 00-0000000 and of United Michigan is 00-0000000; (ii) the business address of Borrower is United Homes, Inc., 0000 Xxxx Xxxx, Xxxxx 000, Xxxxxxx Xxxxxxx, Xxxxxxxx 00000-0000; (iii) Borrower is not a "foreign person" within the meaning of Sections 1445 and 7701 of the Internal Revenue Code of 1986, as amended; and (iv) Borrower understands that the information and certification contained in this SECTION 2.10 may be disclosed to the Internal Revenue Service and that any false statement contained herein could be punished by fine, imprisonment or both. Borrower agrees to provide Lender and Lender with a new certification containing the provisions of this SECTION 2.10 immediately upon any change in such information.
FIRPTA Certification. Prior to the Closing Date, Target shall deliver to Parent an executed affidavit from Target, also delivered to the IRS, that the shares of Target Capital Stock are not a “U.S. real property interest” in accordance with the Treasury Regulations issued under Sections 897 and 1445 of the Code. If Parent does not receive the documents described above on or before the Closing Date, Parent shall be permitted to withhold from the consideration otherwise payable pursuant to this Agreement any required withholding tax under Section 1445 of the Code.
FIRPTA Certification. Prior to the Closing on the Closing Date, Seller shall deliver to Purchaser a duly completed and executed affidavit dated as of the Closing Date, pursuant to Treas. Reg. Sections 1.897-2(h) and 1.1445-2(c)(3) certifying that none of the Conveyed Companies is a United States real property holding corporation in form and substance satisfactory to Purchaser and a draft of the intended correspondence required to be sent to the IRS with respect to such certification.
