Future FEFTA Status Sample Clauses

Future FEFTA Status. The Company agrees to notify the Depositary promptly in writing if (i) the Company or any of the other FEFTA Covered Entities intends to engage in, or acquire through business transfer, merger, demerger or otherwise, any FEFTA Designated Business, or (ii) any FEFTA Covered Entity intends to conduct any other action that would require either (x) the Depositary to submit a FEFTA Pre-Notification prior to accepting Shares for deposit, or (y) any Holder or Beneficial Owner that is a Foreign Investor to submit a FEFTA Pre-Notification prior to withdrawing Shares upon cancellation of ADSs. The Company shall not take, and shall cause each of the other FEFTA Covered Entities not to take, any action requiring notice under the preceding sentence unless or until the relevant FEFTA Pre-Notification has been submitted to the Minister of Finance and any minister having jurisdiction over any business of the Company, and Satisfactory Expiration of the FEFTA Statutory Waiting Period (as defined below).
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Future FEFTA Status. The Company agrees to notify the Depositary promptly in writing if (i) the Company or any of the other FEFTA Covered Entities intends to engage in, or acquire through business transfer, merger, demerger or otherwise, any FEFTA Designated Business, or (ii) any FEFTA Covered Entity intends to conduct any other action that would require either (x) the Depositary to submit a FEFTA Pre-Notification prior to accepting Shares for deposit (to the extent the Company has not previously notified the Depositary in writing), or (y) any Holder or Beneficial Owner that is a Foreign Investor to submit a FEFTA Pre-Notification prior to withdrawing Shares upon cancellation of ADSs (to the extent the Company has not previously notified the Depositary in writing). The Company shall not take, and shall cause each of the other FEFTA Covered Entities not to take, any action requiring notice under the preceding sentence unless or until the relevant FEFTA Pre-Notification has been submitted to the Minister of Finance and any minister having jurisdiction over any business of the Company, and Satisfactory Expiration of the FEFTA Statutory Waiting Period (as defined below).
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Related to Future FEFTA Status

  • ERISA Status With respect to the initial advance to such Qualified Borrower only, either (i) a favorable written opinion of counsel to such Qualified Borrower, addressed to the Secured Parties, reasonably acceptable to the Administrative Agent and its counsel, regarding the status of such Qualified Borrower as an Operating Company (or a copy of such opinion addressed to the Investors, reasonably acceptable to the Administrative Agent and its counsel, together with a reliance letter with respect thereto, addressed to the Secured Parties); or (ii) a certificate, addressed to the Secured Parties, signed by a Responsible Officer of such Qualified Borrower that the underlying assets of such Qualified Borrower do not constitute Plan Assets because less than 25% of the total value of each class of equity interests in such Qualified Borrower is held by “benefit plan investors” within the meaning of Section 3(42) of ERISA which shall be substantially in the form of the ERISA 25% Certificate;

  • Current Status Sacramento County recently adopted a revised American River Parkway Plan which includes specific policies related to implementing water flows protective of the lower American River ecosystem. The Parkway Plan serves as a guide for other local, state and federal agencies with authority within the American River Parkway under the Wild and Scenic Rivers Act and the Urban American River Parkway Preservation Act. Sacramento County, through the Water Forum, is in the process of preparing a draft environmental impact report to institute the FMS consistent with the American River Parkway Plan and the coequal goals of the Water Forum Agreement by entering into an operations agreement with Reclamation or by seeking to modify Reclamation’s Folsom Dam water right permits or other measures. Reclamation has been operating the Folsom and Nimbus Dams in accordance with the minimum release requirements of the FMS since 2006. In 2009, the National Marine Fisheries Service (NMFS) included the FMS flow, operational criteria, American River Group, and monitoring requirements in the Reasonable and Prudent Alternatives of the Biological Opinion (BO) for operating the CVP. The NMFS BO also called for an iterative temperature management planning process that is consistent with the water temperature objectives of the FMS. The Water Forum is currently investigating the potential for an improved Flow Standard for the lower American River that would provide increased protection of salmonid species and improved water supply reliability.

  • Knowledge as to Conditions As of the date of hereof, the Company knows of no reason why any regulatory approvals and, to the extent necessary, any other approvals, authorizations, filings, registrations, and notices required or otherwise a condition to the consummation of the transactions contemplated by the Transaction Documents will not be obtained.

  • PFIC Status Based on the Company’s current income and assets and projections as to the value of its assets and the market value of its Shares, including the current and anticipated valuation of its assets, the Company does not believe it was a Passive Foreign Investment Company (“PFIC”) within the meaning of Section 1297 of the United States Internal Revenue Code of 1986, as amended, for its most recent taxable year, and does not expect to become a PFIC for its current taxable year or in the foreseeable future.

  • Non-Foreign Status Seller is not a “foreign person” as that term is used in Treasury Regulations Section 1.1445-2.

  • Foreign Status If the Authorized Participant is offering and selling Shares in jurisdictions outside the several states, territories and possessions of the United States and is not otherwise required to be registered, qualified, or a member of FINRA as set forth in the preceding paragraph, the Authorized Participant nevertheless agrees to observe the applicable laws of the jurisdiction in which such offer and/or sale is made and to conduct its business in accordance with the FINRA Conduct Rules, to the extent the foregoing relates to the Authorized Participant’s transactions in, and activities with respect to, Shares.

  • Accredited Investor Status The Buyer is an “accredited investor” as that term is defined in Rule 501(a) of Regulation D (an “Accredited Investor”).

  • Change in Status ‌ In the event of any substantive change in its legal status, organizational structure, or fiscal reporting responsibility, Contractor will notify HCA of the change. Contractor must provide notice as soon as practicable, but no later than thirty (30) calendar days after such a change takes effect.

  • Shell Status The Company represents that it is not a “shell” issuer and has never been a “shell” issuer, or that if it previously has been a “shell” issuer, that at least twelve (12) months have passed since the Company has reported Form 10 type information indicating that it is no longer a “shell” issuer. Further, the Company will instruct its counsel to either (i) write a 144- 3(a)(9) opinion to allow for salability of the Conversion Shares or (ii) accept such opinion from Holder’s counsel.

  • Company Status The Company is a corporation duly formed and validly existing under the general laws of the State of Maryland, with all requisite power and authority to enter into this Agreement and to carry out its obligations hereunder.

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