Section 116 Requirements Sample Clauses

Section 116 Requirements. Each of Boise and Northwestern shall deliver to the Purchaser a certificate issued pursuant to section 116 of the Tax Act in respect of the sale of the Purchased Shares held by such non-resident Vendor (the “Vendor’s Shares”), provided that:
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Section 116 Requirements. (1) The Vendor covenants and agrees with the Purchaser as follows:
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Section 116 Requirements. (a) On or before Closing, Datek shall take all reasonable steps to obtain and deliver to Purchaser a certificate issued by the Minister of National Revenue under subsection 116(2) of the Income Tax Act (Canada). If such a certificate is so delivered to Purchaser, Purchaser shall be entitled to withhold from the Purchase Price 25% of the amount, if any, by which the Purchase Price exceeds the certificate limit as defined in subsection 116(2) of the Income Tax Act (Canada) and fixed by the Minister of National Revenue in such certificate. If such a certificate is not so delivered, Purchaser shall be entitled to withhold from the Purchase Price an amount equal to 25% of the Purchase Price.
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Section 116 Requirements. The Parties agree that:
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Section 116 Requirements. (a) A certificate issued by the Canada Customs and Revenue Agency (“CCRA”) pursuant to section 116 of the Income Tax Act (Canada) (a “Section 116 Certificate”) having a certificate limit equal to or greater than the Purchase Price allocable to the Purchased Shares of Smithfield Canada (an “Acceptable Smithfield Canada Section 116 Certificate”) shall be provided by the Vendor to the Purchaser at or before the Closing Time in connection with the disposition of the Purchased Shares of Smithfield Canada by the Vendor to the Purchaser. If an Acceptable Smithfield Canada Section 116 Certificate is not provided by the Vendor to the Purchaser on or before the Closing Date, the Purchaser shall withhold from the Purchase Price allocable to the Purchased Shares of Smithfield Canada an amount equal to 25% of such Purchase Price (the “Smithfield Canada Withheld Amount”). If the Vendor has not provided the Purchaser with a copy of a letter, satisfactory to the Purchaser as to content, acting reasonably, confirming receipt of a section 116 application and advising that the CCRA will not enforce the remittance of funds as required by subsection 116(5) (“CCRA Letter”) in relation to the disposition of the Purchased Shares of Smithfield Canada, or an Acceptable Smithfield Canada Section 116 Certificate has not been provided by the Vendor to the Purchaser, on or before the day that is two (2) days before the day that the Smithfield Canada Withheld Amount is otherwise required to be remitted to the CCRA by subsection 116(5) of the Income Tax Act (Canada), the Purchaser shall remit the Smithfield Canada Withheld Amount to the CCRA and shall furnish the Vendor with confirmation from the CCRA that such remittance has been made. If a CCRA Letter is issued and subsequently the CCRA requests remittance of the Smithfield Canada Withheld Amount from the Vendor, the Vendor shall forthwith remit the Smithfield Canada Withheld Amount to the CCRA. Any amount withheld by the Purchaser and remitted to the CCRA pursuant to this provision shall be deemed to have been paid by the Purchaser to the Vendor on account of the Purchase Price allocable to the Purchased Shares of Smithfield Canada.
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Section 116 Requirements. (a) On or before Closing, XXXXX shall take all reasonable steps to obtain and deliver to AcquisitionCo a certificate issued by the CCRA under subsection 116(2) of the Tax Act.
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Section 116 Requirements. 3.5.1 If available on or before the Closing Date, a certificate issued by the Canada Customs and Revenue Agency ("CCRA") pursuant to section 116 of the Income Tax Act (Canada) in connection with the disposition of the Shares to Canadian Purchaser (a "Section 116 Certificate") shall be provided by DEI to Buyer on the Closing Date. Any required withholding from the Initial Purchase Price shall be determined as follows:
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Section 116 Requirements. (1) On or before the Closing Date, each Non-Resident Shareholder shall take all reasonable steps to obtain and deliver to the Section 116 Recipient a certificate issued by the Minister of National Revenue under subsection 116(2) of the Income Tax Act (Canada).
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Related to Section 116 Requirements

  • Compliance with Requirements Any investment program furnished, and any activities performed, by the Manager or by a Sub-Adviser under this Section shall at all times conform to, and be in accordance with, any requirements imposed by: (1) the Act and any rules or regulations in force thereunder; (2) any other applicable laws, rules and regulations; (3) the Declaration of Trust and By-Laws of the Fund as amended from time to time; (4) any policies and determinations of the Board of Trustees of the Fund; and (5) the fundamental policies of the Fund, as reflected in its Registration Statement under the Act or as amended by the shareholders of the Fund.

  • FINRA Requirements (A) You represent that you are a member in good standing of FINRA, or a non-U.S. bank, broker, dealer, or institution not eligible for membership in FINRA or a Bank.

  • Minimum Requirements With respect to the Notes, the Issuers shall not have any obligations with respect to any underwriters or underwritten offering except a single underwritten offering of $270 million or more of Registrable Securities.

  • LESSEE'S COMPLIANCE WITH REQUIREMENTS Lessee shall, at Lessee's sole cost and expense, fully, diligently and in a timely manner, comply with all "Applicable Requirements," which term is used in this Lease to mean all laws, rules, regulations, ordinances, directives, covenants, easements and restrictions of record, permits, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants, relating in any manner to the Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance), now in effect or which may hereafter come into effect. Lessee shall, within five (5) days after receipt of Lessor's written request, provide Lessor with copies of all documents and information, including but not limited to permits, registrations, manifests, applications, reports and certificates, evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving failure by Lessee or the Premises to comply with any Applicable Requirements.

  • Compliance with Applicable Requirements In carrying out its obligations under this Agreement, the Advisor shall at all times conform to:

  • Tax Requirements The Participant is hereby advised to consult immediately with his or her own tax advisor regarding the tax consequences of this Agreement. The Company or, if applicable, any Subsidiary (for purposes of this Section 28, the term “Company” shall be deemed to include any applicable Subsidiary), shall have the right to deduct from all amounts hereunder paid in cash or other form, any Federal, state, local, or other taxes required by law to be withheld in connection with this Award. The Company may, in its sole discretion, also require the Participant receiving shares of Common Stock issued under the Plan to pay the Company the amount of any taxes that the Company is required to withhold in connection with the Participant’s income arising with respect to this Award. Such payments shall be required to be made when requested by the Company and may be required to be made prior to the delivery of any certificate representing shares of Common Stock. Such payment may be made (i) by the delivery of cash to the Company in an amount that equals or exceeds (to avoid the issuance of fractional shares under (iii) below) the required tax withholding obligations of the Company; (ii) if the Company, in its sole discretion, so consents in writing, the actual delivery by the exercising Participant to the Company of shares of Common Stock other than (A) Restricted Stock, or (B) Common Stock that the Participant has not acquired from the Company within six (6) months prior to the date of exercise, which shares so delivered have an aggregate Fair Market Value that equals or exceeds (to avoid the issuance of fractional shares under (iii) below) the required tax withholding payment; (iii) if the Company, in its sole discretion, so consents in writing, the Company’s withholding of a number of shares to be delivered upon the exercise of the Stock Option other than shares that will constitute Restricted Stock, which shares so withheld have an aggregate fair market value that equals (but does not exceed) the required tax withholding payment; or (iv) any combination of (i), (ii), or (iii). The Company may, in its sole discretion, withhold any such taxes from any other cash remuneration otherwise paid by the Company to the Participant. * * * * * * * *

  • Compliance with Reporting Requirements The Company is subject to and in full compliance with the reporting requirements of Section 13 or Section 15(d) of the Exchange Act.

  • Compliance with Regulatory Requirements Upon demand by Lender, Borrower shall reimburse Lender for Lender’s additional costs and/or reductions in the amount of principal or interest received or receivable by Lender if at any time after the date of this Agreement any law, treaty or regulation or any change in any law, treaty or regulation or the interpretation thereof by any Governmental Authority charged with the administration thereof or any other authority having jurisdiction over Lender or the Loans, whether or not having the force of law, shall impose, modify or deem applicable any reserve and/or special deposit requirement against or in respect of assets held by or deposits in or for the account of the Loans by Lender or impose on Lender any other condition with respect to this Agreement or the Loans, the result of which is to either increase the cost to Lender of making or maintaining the Loans or to reduce the amount of principal or interest received or receivable by Lender with respect to such Loans. Said additional costs and/or reductions will be those which directly result from the imposition of such requirement or condition on the making or maintaining of such Loans.

  • Notice Requirements All notices required or permitted by this Lease shall be in writing and may be delivered in person (by hand or by messenger or courier service) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission during normal business hours, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notice purposes. Either Party may by written notice to the other specify a different address for notice purposes, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for the purpose of mailing or delivering notices to Lessee. A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate by written notice to Lessee.

  • Service Requirements 4.1 All Services shall be performed in accordance with the requirements set forth in this Service Agreement, including the Service Specification, and otherwise in a professional manner.

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