Safe Harbor Lease Property. None of the Assets of the Companies -------------------------- is property that (i) is required to be treated as being owned by any other person pursuant to the so-called safe harbor lease provisions of former Section 168(f)(8) of the Internal Revenue Code, (ii) directly or indirectly secures any debt the interest on which is tax-exempt under Section 103(a) of the Internal Revenue Code or (iii) is "tax-exempt use property" within the meaning of Section 168(h) of the Internal Revenue Code.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Smithfield Foods Inc), Acquisition Agreement and Plan of Reorganization (Smithfield Foods Inc)
Safe Harbor Lease Property. None of the Assets of the Companies -------------------------- is property that (i) is required to be treated as being owned by any other person pursuant to the so-called safe harbor lease provisions of former Section 168(f)(8) of the Internal Revenue Code, (ii) directly or indirectly secures any debt the interest on which is tax-exempt under Section 103(a) of the Internal Revenue Code or (iii) is "tax-exempt use property" within the meaning of Section 168(h) of the Internal Revenue Code.
Appears in 2 contracts
Samples: Acquisition Agreement (Smithfield Foods Inc), Acquisition Agreement (Smithfield Foods Inc)
Safe Harbor Lease Property. None of the Assets of the Companies -------------------------- is property that -------------------------- (i) is required to be treated as being owned by any other person pursuant to the so-called safe harbor lease provisions of former Section 168(f)(8) of the Internal Revenue Code, (ii) directly or indirectly secures any debt the interest on which is tax-exempt under Section 103(a) of the Internal Revenue Code or (iii) is "tax-exempt use property" within the meaning of Section 168(h) of the Internal Revenue Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Collins & Aikman Floor Coverings Inc)
Safe Harbor Lease Property. None of the material Assets of the Companies -------------------------- Company or any of its Subsidiaries is property that (i) to the knowledge of the Company, is required to be treated as being owned by any other person pursuant to the so-called safe harbor lease provisions of former Section 168(f)(8) of the Internal Revenue Code, (ii) directly or indirectly secures any debt the interest on which is tax-exempt under Section 103(a) of the Internal Revenue Code or (iii) is leased to a "tax-exempt use propertyexempt" within the meaning of Section 168(h) of the Internal Revenue Codeentity.
Appears in 1 contract
Samples: Stock Subscription Agreement (Red Robin Gourmet Burgers Inc)
