No Change in Tax Law. There shall not have occurred any change in law (including for this purpose any statutory or regulatory change or any issuance of an IRS Revenue Ruling or Notice) under which the distribution of Source Common Stock to the stockholders of Parent pursuant to Sections 1.8(a) and 1.10(b) would fail to qualify as a tax-free distribution under Section 355 of the Code.
No Change in Tax Law. There shall not have been between the date of this Agreement and the Closing Date (i) any change in the Code or the Revenue Regulations promulgated thereunder, or (ii) any pronouncement by the Internal Revenue Service to the effect that a change in the interpretation of the Code or such regulations has occurred, in any case which, solely by virtue of such change, the Merger shall not qualify as a "reorganization" within the meaning of Section 368(a)(1)(A) of the Code.
No Change in Tax Law. There shall not have been any proposed or actual amendment, modification, addition or change in or to the provisions of, or the interpretation of any tax law, regulation, rule or case (including any interpretation of U.S. Federal income tax law as in effect on October 23, 1996) the effect of which would or might render invalid any of the tax assumptions set forth in the Tax Indemnity Agreement (including, but not limited to, changes to the applicable statutory tax rate) or adversely affect the Owner Participant's Net Economic Return, which amendment, modification, addition or change shall have been enacted, promulgated, issued or proposed on or after October 23, 1996 and prior to the time of closing on the Closing Date.
No Change in Tax Law. No Change in Tax Law shall have occurred nor shall any Change in Tax Law have been proposed nor shall a judicial opinion on a tax issue have been rendered subsequent to the Initial Closing Date and prior to the acceptance and delivery of Units to be delivered on the Subsequent Closing Date which, if enacted, adopted or made effective, in the same or substantially similar form, would, as a consequence of an adjustment to Basic Rent in respect thereof pursuant to Section 2.6, cause the net present value of the installments of Basic Rent in respect of the Units to be delivered on the Subsequent Closing Date, as so adjusted, payable by the Lessee during the Basic Term (discounted at the Blended Weighted Average Debt Rate), expressed as a percentage of Total Equipment Cost, to be increased to an amount which is more than 100 basis points higher than the net present value of the installments of Basic Rent in respect of the Units to be delivered on the Subsequent Closing Date, without giving effect to such adjustment, payable by the Lessee during the Basic Term (similarly discounted), expressed as a percentage of the aggregate Equipment Cost of such Units, such adjustments and calculations to be determined and to be subject to verification in the manner provided in Section 2.6. Notwithstanding the occurrence of any such Change in Tax Law or rendering of such a judicial opinion, the condition precedent set forth herein shall be deemed to have been satisfied if the Owner Participant agrees that such increase in the present value of the installments of Basic Rent payable by the Lessee during the Basic Term as a consequence of such adjustment shall not exceed 100 basis points.
No Change in Tax Law. After the date of this Agreement and on or before such Sale Date, there shall not have been any change in United States tax law (including any change in the Internal Revenue code and the applicable Treasury regulations, or any issuance of any administrative or judicial interpretation of such Code or regulations) that would materially increase the risk, in the reasonable judgement of the Purchaser, that any payments made to the Purchaser with respect to such Securities will become subject to tax in the United States.
No Change in Tax Law. No change or proposed change in federal, state or local tax law shall have occurred on or prior to the Closing Date which could adversely affect the Owner Participant in relation to the transactions contemplated by the Operative Documents.
No Change in Tax Law. There shall not have been any proposed or actual amendment, modification, addition or change in or to the provisions of, or the interpretation of any tax law, regulation, rule or case (including any interpretation of U.S. Federal income tax law as in effect on November 4, 2004) the effect of which would or might render invalid any of the tax assumptions set forth in the Tax Indemnity Agreement (including, but not limited to, changes to the applicable statutory tax rate) or adversely affect the Owner Participant’s Net Economic Return (after taking into account adjustments made, or required to be made, to the Base Rent Percentages pursuant to Section 4 of the Lease which adjustments shall in the judgment of the Owner Participant comply in all respects with such Section), which amendment, modification, addition or change shall have been enacted, promulgated, issued or proposed on or after November 4, 2004 and prior to the time of closing on the Closing Date.
No Change in Tax Law. No Change in Tax Law or Proposed Change in Tax Law shall have occurred since the ECCA Effective Date that has not been reflected in the Adjusted Base Case Model for the Initial Class A Capital Contribution in a manner reasonably satisfactory to the Class A Equity Investors.
No Change in Tax Law. No Change in Tax Law or Proposed Change in Tax Law shall have occurred since the Initial Capital Contribution Date that has not been reflected in the Adjusted Base Case Model in a manner reasonably satisfactory to the Class A Equity Investors.
No Change in Tax Law. No change or proposed change in federal, state or local tax law (including, without limitation, the Code, regulations, rulings or case law) shall have occurred on or prior to the Equipment Closing Date.
