Safe Harbor Provisions Sample Clauses

Safe Harbor Provisions. This Section 2.4.1 is applicable only to Generation Interconnection Customers. Provided that Interconnection Customer agrees to conform to all requirements of the Internal Revenue Service (“IRS”) (e.g., the “safe harbor” provisions of IRS Notices 2001-82 and 88-129) that would confer nontaxable status on some or all of the transfer of property, including money, by Interconnection Customer to the Interconnected Transmission Owner for payment of the Costs of construction of the Transmission Owner Interconnection Facilities, the Interconnected Transmission Owner, based on such agreement and on current law, shall treat such transfer of property to it as nontaxable income and, except as provided in Section 2.4.2 of this Appendix 2, shall not include income taxes in the Costs of Transmission Owner Interconnection Facilities that are payable by Interconnection Customer under this Appendix 2. Interconnection Customer shall document its agreement to conform to IRS requirements for such non-taxable status in the Interconnection Service Agreement, the Interconnection Construction Service Agreement, and/or the Interim Interconnection Service Agreement.

Safe Harbor Provisions. This section 24.1 is applicable only to Project Developers. Provided that Project Developer agrees to conform to all requirements of the Internal Revenue Service (“IRS”) (e.g., the “safe harbor” section 118(a) and 118(b) of the Internal Revenue Code of 1986, as amended and interpreted by Notice 2016-36, 2016-25 I.R.B. (6/20/2016)) that would confer nontaxable status on some or all of the transfer of property, including money, by Project Developer to the Transmission Owner for payment of the Costs of construction of the Transmission Owner Interconnection Facilities and Transmission Owner Upgrades, the Transmission Owner, based on such agreement and on current law, shall treat such transfer of property to it as nontaxable income and, except as provided in section 24.4.2 below, shall not include income taxes in the Costs of Transmission Owner Interconnection Facilities and Transmission Owner Upgrades that are payable by Project Developer under the Generation Interconnection Agreement. Project Developer shall document its agreement to conform to IRS requirements for such non-taxable status in the Generation Interconnection Agreement, the Interconnection Construction Service Agreement, and/or applicable agreement.

Safe Harbor Provisions. For Plan Years beginning after 1998, the Employer may implement safe harbor provisions under Code Sections 401(m)(11) and 401(k)(12). Did the Plan elect safe harbor status? ¨ Yes x No If yes, enter the formulas below: ______/_______/99 ______/_______/00 ______/_______/01

Safe Harbor Provisions. (a) The provisions of this Section will apply if the Employer has elected, in the Adoption Agreement, to use the "ADP Test Safe Harbor" or "ACP Test Safe Harbor." If the Employer has elected to use the "ADP Test Safe Harbor" for a Plan Year, then the provisions relating to the ADP test described in Section 12.4 and in Code Section 401(k)(3) do not apply for such Plan Year. In addition, if the Employer has also elected to use the "ACP Test Safe Harbor" for a Plan Year, then the provisions relating to the ACP test described in Section 12.6 and in Code Section 401(m)(2) do not apply for such Plan Year. Furthermore, to the extent any other provision of the Plan is inconsistent with the provisions of this Section, the provisions of this Section will govern.

Safe Harbor Provisions. Will the Safe Harbor CODA provisions of Plan Section 3.03 apply (select one)?

Safe Harbor Provisions. This Section 24.1 is applicable only to Generation Interconnection Customers. Provided that Interconnection Customer agrees to

Safe Harbor Provisions. The Parties intend to offer the Program in accordance with the applicable Safe Harbor terms of the Colorado Settlement Agreement to Bank, and to give effect to the applicable terms of the Safe Harbor. Bank may terminate its origination of Specified Loans at any time. (d) Section 3.1(i)(D) is amended by inserting the following new sentence at the end of the existing text: Without limiting the foregoing, Bank may exercise oversight over any credit models used by UNI in connection with the Program, including governance of the credit models under applicable model risk management required by any Regulatory Authorities or pursuant to Applicable Law. UNI shall cooperate with Bank with respect to any requests from Bank in connection therewith. (e) Section 3.1(p) is amended by inserting the following sentence at the end of the existing text: UNI understands that Bank has ultimate approval authority over UNI’s oversight and/or third party risk management program pertaining to its significant Third Party Service Providers. (a) Section 3.2(a) is amended by inserting the following new sentence after the existing text: Bank shall have the right to make an exception to its Credit Policy with respect to any particular transaction, in its sole discretion, provided that Bank shall expressly communicate such exception to UNI. (b) Section 4.2(d) is amended by inserting the following new sentence at the end of the existing test: For the avoidance of doubt, Bank has the right to audit all Advertising Materials pursuant to this Agreement. (c) Section 5.1 is amended by inserting the following new clause 5.1(c) immediately following the existing text of clause 5.1(b): Bank shall fund all Loans in the manner set out in the Program Guidelines, and from its own account using any source allowable by banking regulation, including a combination of its own capital, reserves, retained earnings, deposits, and credit facilities. Funds shall not be provided by UNI to Bank for the express purpose of funding the origination of Loans. Notwithstanding anything contained in this Agreement, nothing in this Agreement shall obligate Bank to extend credit to a Loan Applicant or disburse a Loan if Bank determines in its reasonable discretion that doing so would be an unsafe or unsound banking practice (d) Section 9.2(f) is amended by inserting the following new sentence after the existing text: Insofar as the Bank determines to make an exception to its Credit Policy with respect to any particular tran...

Safe Harbor Provisions. For Plan Years beginning after 1998, the Employer may implement safe harbor provisions under Code Sections 401(m)(11) and 401(k)(12). Did the Plan elect safe harbor status? x Yes ¨ No If yes, enter the formulas below: / /99 / /00 1/1/02 3% contribution to all eligible Participants. 39 §401(k) Plan AA #010 XII. Other Plan Provisions: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ Effective Date: ________________________________________________________________________________________ 40 §401(k) Plan AA #010 The following elections are made with regard to the Plan’s Safe Harbor status pursuant to Section VII herein. For Plan Years indicated below, the Plan hereby invokes a Safe Harbor status in accordance with IRS Notices 98-52 and 2000-3. For all Plan Years in which this Safe Harbor election is being made, the limitations and restrictions found in Section VII herein apply.

Safe Harbor Provisions. The provisions of this section apply if the Employer elected in Item O(2) to be a QACA Safe Harbor Plan. In accordance with sections 1.401(k)-1(e)(7) and 1.401(m)-1(c)(2) of the regulations, the Employer cannot use ADP (and ACP testing, if applicable) for a Plan Year in which it is intended for the Plan through its written terms to be an ADP Test Safe Harbor (and ACP Test Safe Harbor, if applicable) and the Employer fails to satisfy the requirements of such safe harbors for the Plan Year, unless the QACA safe harbor election is revoked as provided in (f) below.