Goods and Services Tax and Harmonized Sales Tax Election. Rental ULC and the Administrator shall jointly elect, under subsection 156(1) of Part IX of the ETA, section 334 of the QST Act, and any equivalent or corresponding provision under any applicable provincial or territorial legislation imposing a similar value-added or multi-staged tax, that no tax be payable with respect to the provision of services by the Administrator under this Agreement. Rental ULC and the Administrator shall make such election(s) in prescribed form containing prescribed information in compliance with the requirements of the applicable legislation. Rental ULC shall indemnify and save harmless the Administrator from and against any such Tax imposed on Rental ULC as a result of any failure or refusal by any Governmental Authority to accept any such election, and any such indemnity shall be payable by Rental ULC from, and only from, Unrestricted Funds in accordance with the Transaction Documents.
Goods and Services Tax and Harmonized Sales Tax Election. The Purchaser and the Vendor shall jointly elect, under subsection 167(1) of Part IX of the Excise Tax Act (Canada), that no Tax be payable with respect to the purchase and sale of the Purchased Assets under this Agreement. The Purchaser and the Vendor shall make such elections(s) in prescribed form containing prescribed information and the Purchaser shall file such election(s) in compliance with the requirements of Applicable Law.
Goods and Services Tax and Harmonized Sales Tax Election. The Canadian Buyer and the Canadian Seller shall jointly elect, under subsection 167(1) of Part IX of the Excise Tax Act (Canada), and any equivalent or corresponding provision under any applicable provincial or territorial legislation imposing a similar value added or multi-staged tax, that no tax be payable with respect to the purchase and sale of the Canadian Assets under this Agreement. The Canadian Buyer and the Canadian Seller shall make such election(s) in prescribed form containing prescribed information and the Canadian Buyer shall file such election(s) in compliance with the requirements of the applicable legislation.
Goods and Services Tax and Harmonized Sales Tax Election. If and to the extent applicable, the Transferor and the Transferee shall jointly elect, or the Transferor shall cause its Affiliates to jointly elect with the Transferee, under subsection 167(1) of Part IX of the Excise Tax Act (Canada), and any equivalent or corresponding provision under any applicable provincial or territorial legislation imposing a similar value added or multi-staged tax (collectively, a “Section 167 Election”), that no tax be payable with respect to the purchase and sale of the Purchased Assets under this Agreement. The Transferor, and/or the Affiliates of the Transferor, as applicable, and the Transferee shall make such election(s) in prescribed form containing prescribed information and the Transferee shall, on a timely basis, file such election(s) in compliance with the requirements of the applicable legislation. The Transferee shall indemnify and save harmless the Transferor from and against any such Tax imposed on the Transferor or its Affiliates, as applicable, as a result of any failure or refusal by any Governmental Entity to accept any such election.
Goods and Services Tax and Harmonized Sales Tax Election. The Purchaser and Smurfit Canada shall jointly elect, under subsection 167(1) of Part IX of the Excise Tax Act (Canada), and any equivalent or corresponding provision under any applicable provincial or territorial legislation imposing a similar value added or multi-staged tax, that no tax be payable with respect to the purchase and sale of the Purchased Assets under this Agreement. The Purchaser, or its Affiliate, and Smurfit Canada shall make such election(s) in prescribed form containing prescribed information and the Purchaser, or its Affiliate, shall file such election(s) in compliance with the requirements of the applicable legislation.
Goods and Services Tax and Harmonized Sales Tax Election. The Purchaser and the Vendor shall jointly elect, under subsection 167(1) of Part IX of the Excise Tax Act (Canada) and any equivalent or corresponding provision under any applicable provincial legislation imposing a similar social service or sales tax (collectively, the "Tax Elections"), that no tax be payable with respect to the purchase and sale of the Purchased Assets under this Agreement. The Purchaser and the Vendor shall make such elections in prescribed form containing prescribed information and the Purchaser shall file such elections in compliance with the requirements of the applicable legislation. 3.9.
Goods and Services Tax and Harmonized Sales Tax Election. Rental ULC and Funding LP shall jointly elect, under subsection 156(1) of Part IX of the ETA, section 334 of the QST Act, and any equivalent or corresponding provision under any applicable provincial or territorial legislation imposing a similar value added or multi-staged tax, that no tax be payable with respect to supplies made under this Agreement. Rental ULC and Funding LP shall make such election(s) in prescribed form containing prescribed information in compliance with the requirements of the applicable legislation.
Goods and Services Tax and Harmonized Sales Tax Election. If permitted under subsection 167(1) of Part IX of the Excise Tax Act (Canada), and any equivalent or corresponding provision under any applicable Canadian provincial or territorial legislation imposing a similar value added or multi‑staged Tax, Canadian Purchaser and Asset Seller shall jointly elect that no Tax be payable with respect to the purchase and sale of the Purchased Assets under this Agreement. Canadian Purchaser and Asset Seller shall make such election(s) in prescribed form containing prescribed information and the Canadian Purchaser shall file such election(s) in compliance with the requirements of the applicable legislation. Notwithstanding anything to the contrary in this Agreement, the Purchaser Group shall indemnify and hold the Sellers harmless in respect of any goods and services tax, harmonized sales tax, other Taxes, penalties, interest and other amounts which may be assessed against Asset Seller as a result of the Asset Sale not being eligible for such election or as a result of Canadian Purchaser's failure to file the election(s) within the prescribed time.
Goods and Services Tax and Harmonized Sales Tax Election. Each of the Vendors shall elect jointly with the Purchaser, under subsection 167(1) of Part IX of the Excise Tax Act (Canada) and section 75 of the Quebec Sales Tax Act and any equivalent or corresponding provision under any applicable provincial or territorial legislation imposing a similar social service or sales tax, that no Tax be payable with respect to the purchase and sale of the Purchased Assets under this Agreement. For greater certainty, to the extent that the Closing Date or such other date on which the transactions contemplated herein shall close pursuant to Section 3.1 hereof occurs on or after July 1, 2010, each of the Vendors shall elect jointly with the Purchaser that no Harmonized Sales Tax be payable with respect to the purchase and sale of the Purchased Assets under this Agreement. The Purchaser and the Vendors shall make such elections in prescribed form containing prescribed information and the Purchaser shall file such elections in compliance with the requirements of the applicable legislation. In the event that it is subsequently determined by a competent tax authority or a tribunal that any election referred to in this Section 3.7 is not applicable and that there is a liability of the Purchaser to pay, or of the Vendors to collect and remit, any such Tax on all or part of the Purchase Price, as the case may be, the Purchaser will be liable to pay any applicable Tax to the applicable Vendor or to any competent tax authority, as the case may be, and the Purchaser shall indemnify the Vendors against all Taxes, damages, costs, claims, penalties and interest in connection with the imposition of such Tax.
Goods and Services Tax and Harmonized Sales Tax Election. Purchaser and Seller shall jointly elect, under subsection 167(1) of Part IX of the Excise Tax Act (Canada), and any equivalent or corresponding provision under any applicable provincial or territorial legislation imposing a similar value added or multi-staged tax, that no tax be payable with respect to the purchase and sale of the Assets under this Agreement. Purchaser and Seller shall make such election(s) in prescribed form containing prescribed information and Purchaser shall file such election(s) in compliance with the requirements of the applicable legislation. If, notwithstanding the foregoing election, Seller is required to collect and remit any amount of goods and services or harmonized sales Tax in respect of the purchase and sale of the Assets, Purchaser shall pay such Tax to Seller upon Seller’s written request with appropriate documentation.
