Production Tax Credit. If legislation providing for an extension of tax credits for _________________ a period of at least __________ years in the amount of at least __________________ per MWh, for a [Insert Technology Type] facility placed in service before__________, is not enacted by [Insert Date], then Seller may terminate this Agreement and the Transaction entered into hereunder by written notice to Buyer. If Seller has the right to terminate this Agreement and the Transaction pursuant to this subsection 10.1(c), but fails to send written notice of termination by ______________, then Seller's termination right per this subsection 10.1(c) shall be deemed waived in its entirety.

Production Tax Credit. Investment Tax Credit

Production Tax Credit. If the Seller receives the Investment Tax Credit or the Renewable Energy Grant for the Facility, the PTC Adder shall be multiplied by zero (0) megawatt hours. If the Seller does not receive the Investment Tax Credit or the Renewable Energy Grant for the Facility and Production Tax Credits are available for the Energy produced from the Facility, then during the first ten (10) years of the Delivery Term the PTC Adder shall be multiplied by the positive difference of the Available Energy in the Billing Period less the Delivered Energy in the Billing Period. If the Seller does not receive the Investment Tax Credit or the Renewable Energy Grant for the Facility and Production Tax Credits are not available for the Energy produced from the Facility for any part of the first ten

Production Tax Credit. The Production Tax Credit is recorded in FERC Account 409.1. The amounts included for the calculation of income taxes are those amounts attributable to the plant investment related to the production function. Production Tax Credit will exclude amounts related to assets that are direct assigned to participating customers for ratemaking purposes under state retail tariffs. Income Tax Depreciation allowable for the calculation of Federal and State income taxes is based upon the plant investment related to production, nuclear fuel, transmission, distribution and general plant as functionalized. Income Tax Depreciation will exclude amounts related to assets that are direct assigned to participating customers for ratemaking purposes under state retail tariffs. Interest costs associated with debt recorded in FERC Accounts 221-224 is used to calculate the embedded cost of debt. The embedded cost of debt times the debt ratio as determined on Exhibit V, Schedule 6, applied to the rate base determines the interest expense deduction for income taxes. A Preferred Dividend Credit (if any) is allowed on certain preferred stock issues in accordance with Section 247 of the Internal Revenue Code. This credit is reflected in the calculation of income taxes. Depreciation expense and depreciation expense for asset retirement costs are recorded in FERC Account 403 and 403.1, respectively by the plant functional classifications. Depreciation rates used to calculate the depreciation expense for the original cost of plant as classified by functions for this Agreement are shown on Exhibit IX - Specification of Depreciation Rates. Amortization expense included to determine the charges among the Parties are recorded in FERC Accounts 404, 405, 406, and 407. Depreciation and amortization expense will exclude amounts related to assets that are direct assigned to participating customers for ratemaking purposes under state retail tariffs. NSP (Minn)’s demand related cost of service used in determining xxxxxxxx to NSP (Wis) shall include the following annual amounts related to the theoretical reserve surplus. Theoretical Reserve Surplus Amortization Expense included in determining the charges among the Parties is recorded in FERC Account 407.4 (creation of Regulatory Asset) and FERC Account 407.3 (amortization of Regulatory Asset) by the plant functional classifications. In the NSP (Minn) 2013 test year Minnesota retail electric rate case (MPUC Docket No. E002/GR-12-961, order dated Septem...

Production Tax Credit. If federal legislation providing for an extension of Production Tax Credits provided in Section 45 of the Internal Revenue Code, on equivalent terms and conditions (including an escalation factor) as in effect on the Execution Date, for a wind facility placed in service on or before December 31, 2010 ("In-Service Date"), is not enacted by September 30, 2009, and the Guaranteed Commercial Operation Date is in the year 2010 due to an event of Force Majeure or due to a delay in obtaining interconnection service under Section 3.9(c)(v), then Seller may terminate this Agreement without liability by providing Notice of termination and including in such Notice Seller’s determination of the amount of lost economic benefit, determined on an after-tax basis, of the Production Tax Credit, to Buyer on or before October 30, 2009; provided that Buyer may, at its option, override such Notice of termination by providing Notice to Seller within sixty (60) days of receipt of Seller’s Notice to terminate and by agreeing in such Notice to compensate Seller for the amount of lost economic benefit, determined on an after-tax basis, of the Production Tax Credits, either in the amount specified by Seller in its termination Notice or as otherwise mutually agreed to by the Parties prior to Buyer's override Notice. If Buyer does not override the termination Notice provided by Seller to Buyer, then the Agreement shall terminate and Buyer shall return any Project Development Security (including, if applicable, the payment of any interest due thereon pursuant to Section 8.4(d)) to Seller within eighty (80) days after Buyer received Seller's Notice of termination. If, at any time within three (3) years of Seller's termination of the Agreement pursuant to this Section 10.1(c), Seller intends to resume its efforts to complete the Project, then Seller shall provide Notice to Buyer of its intent to complete the Project, and Buyer and Seller shall, for a period of ninety (90) days from Seller's Notice, engage in the negotiation of a revised agreement, including designating (I) a new Contract Price, (II) a new Financing Milestone Date, if applicable, (III) new Guaranteed Project Milestones, if applicable, and (IV) Project Development Security or Delivery Term Security, as applicable. If the Parties are unable to agree upon a revised agreement within ninety (90) days of commencing negotiations, neither Party shall have any further obligation under this Section 10.1(c).

Related to Production Tax Credit

FOREIGN TAX CREDITS AVIF agrees to consult in advance with LIFE COMPANY concerning any decision to elect or not to elect pursuant to Section 853 of the Code to pass through the benefit of any foreign tax credits to its shareholders.
Tax Credit If an Obligor makes a Tax Payment and the relevant Finance Party determines that: (a) a Tax Credit is attributable either to an increased payment of which that Tax Payment forms part, or to that Tax Payment; and (b) that Finance Party has obtained, utilised and retained that Tax Credit, the Finance Party shall pay an amount to the Obligor which that Finance Party determines will leave it (after that payment) in the same after-Tax position as it would have been in had the Tax Payment not been required to be made by the Obligor.
Tax Credits A Creditor Party which receives for its own account a repayment or credit in respect of tax on account of which the Borrowers have made an increased payment under Clause 23.2 shall pay to the Borrowers a sum equal to the proportion of the repayment or credit which that Creditor Party allocates to the amount due from the Borrowers in respect of which the Borrowers made the increased payment, provided that: (a) the Creditor Party shall not be obliged to allocate to this transaction any part of a tax repayment or credit which is referable to a class or number of transactions; (b) nothing in this Clause 23.4 shall oblige a Creditor Party to arrange its tax affairs in any particular manner, to claim any type of relief, credit, allowance or deduction instead of, or in priority to, another or to make any such claim within any particular time; (c) nothing in this Clause 23.4 shall oblige a Creditor Party to make a payment which would leave it in a worse position than it would have been in if the Borrowers had not been required to make a tax deduction from a payment; and (d) any allocation or determination made by a Creditor Party under or in connection with this Clause 23.4 shall be conclusive and binding on the Borrowers and the other Creditor Parties.
Transaction Taxes Fund is responsible for all taxes, levies, duties, and assessments levied on Services purchased under this Agreement (collectively, “Transaction Taxes”). Computershare is responsible for collecting and remitting Transaction Taxes in all jurisdictions in which Computershare is registered to collect such Transaction Taxes. Computershare shall invoice Fund for such Transaction Taxes that Computershare is obligated to collect upon the furnishing of Services. Fund shall pay such Transaction Taxes according to the terms in Section 7.3. Computershare shall timely remit to the appropriate governmental authorities all such Transaction Taxes that Computershare collects from Fund. To the extent that Fund provides Computershare with valid exemption certificates, direct pay permits, or other documentation that exempts Computershare from collecting Transaction Taxes from Fund, invoices issued for Services provided after Computershare’s receipt of such certificates, permits, or other documentation will not reflect exempted Transaction Taxes. Computershare is solely responsible for the payment of all personal property taxes, franchise taxes, corporate excise or privilege taxes, property or license taxes, taxes relating to Computershare’s personnel, and taxes based on Computershare’s net income or gross revenues relating to Services.
Foreign Taxes Any amounts payable hereunder, other than payments of interest, principal or premium, if any, in respect of any of the Securities, to an Underwriter shall be made free and clear of and without withholding or deduction for or on account of any and all taxes, levies, imposts, duties, charges or fees of whatsoever nature now or hereafter imposed, levied, collected, deducted or withheld or assessed by or on behalf of Australia or any political subdivision thereof or by any jurisdiction, other than the United States or any taxing authority or political subdivision thereof, in which the Bank has a branch, an office or any agency from which payment is made (a “Taxing Authority”), excluding (i) any such tax which would not have been imposed if such Underwriter had no present or former connection with any such jurisdiction other than the performance of its obligations hereunder, (ii) any income or franchise tax imposed on the net income of such Underwriter by any jurisdiction of which such Underwriter is a resident, citizen or domiciliary, or in which such Underwriter is engaged in business and (iii) any tax imposed that would not have been imposed but for the failure by such Underwriter to comply with any certification, identification or other reporting requirements concerning the nationality, residence, identity or connection with any Taxing Authority if compliance is required by such Taxing Authority as a pre-condition to exemption from, or reduction in rate of, such tax (all such non-excluded taxes, the “Foreign Taxes”). If, by operation of law or otherwise, that portion of amounts payable hereunder represented by Foreign Taxes withheld or deducted cannot be paid or remitted, then amounts payable under this Agreement shall be increased to such amounts as are necessary to yield and remit to such Underwriter amounts which, after deduction of all Foreign Taxes (including all Foreign Taxes payable on such increased payments) equal the amounts that would have been payable if no Foreign Taxes had been so withheld or deducted (the “Additional Amount”); provided, however, that no Additional Amount with respect to any payment or compensation to such Underwriter hereunder shall be required to be paid in the event that such payment or compensation is subject to such Foreign Tax by reason of such Underwriter being connected with the jurisdiction of the Taxing Authority other than by reason of merely receiving payment hereunder.
Income Tax Liability Within ten (10) Business Days after the receipt of revenue agent reports or other written proposals, determinations or assessments of the IRS or any other taxing authority which propose, determine or otherwise set forth positive adjustments to the Tax liability of, or assess or propose the collection of Taxes required to have been withheld by, the Borrower which equal or exceed $100,000 in the aggregate, telephonic or facsimile notice (confirmed in writing within five (5) Business Days) specifying the nature of the items giving rise to such adjustments and the amounts thereof;
Other Connection Taxes Taxes imposed on a Recipient due to a present or former connection between it and the taxing jurisdiction (other than connections arising from the Recipient having executed, delivered, become party to, performed obligations or received payments under, received or perfected a Lien or engaged in any other transaction pursuant to, enforced, or sold or assigned an interest in, any Loan or Loan Document).
Export Taxes Neither Party shall adopt or maintain any duty, tax, or other charge on the export of any good to the territory of the other Party, unless the duty, tax, or charge is also adopted or maintained on the good when destined for domestic consumption.
Tax Attributes (i) Tax attributes with respect to, and the -------------- overpayment of, property taxes, sales and use taxes and franchise taxes which relate primarily to the Company Business and (ii) to the extent provided in the Tax Sharing Agreement, tax attributes with respect to, and the overpayment of, income and payroll taxes which relate to the Company Business or are otherwise allocated to the Company.
Income Taxes The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * EXHIBIT G-2 FORM OF TRANSFEROR CERTIFICATE __________ , 20__ Residential Funding Mortgage Securities I, Inc. 8400 Normandale Xxxx Xxxxxxxxx Xxxxx 000 Xxxxxxxxxxx, Xxxxxxxxx 00000 [Xxxxxxx] Xxxention: Residential Funding Corporation Series _______ Re: Mortgage Pass-Through Certificates, Series ________, Class R[-__] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by _____________________ (the "Seller") to _____________________(the "Purchaser") of $______________ Initial Certificate Principal Balance of Mortgage Pass-Through Certificates, Series ________, Class R[-__] (the "Certificates"), pursuant to Section 5.02 of the Series Supplement, dated as of ________________, to the Standard Terms of Pooling and Servicing Agreement dated as of ________________ (together, the "Pooling and Servicing Agreement") among Residential Funding Mortgage Securities I, Inc., as seller (the "Company"), Residential Funding Corporation, as master servicer, and __________, as trustee (the "Trustee"). All terms used herein and not otherwise defined shall have the meanings set forth in the Pooling and Servicing Agreement. The Seller hereby certifies, represents and warrants to, and covenants with, the Company and the Trustee that:

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