Subchapter S Status. As of the Closing Date, the Company has executed and has caused all other Persons to execute the applicable election forms or other filings required to be made for purposes of the Company's election to be taxed as an "S corporation" as such term is defined in Section 1361 of the Code. Beginning with the Company's taxable year ending September 30, 2002, the Company was and as of the Closing Date remains taxable as an S corporation. The ESOT is not subject to tax imposed under the Code with respect to any item of income or loss of the Company or any Subsidiary of the Company.
Subchapter S Status. Neither the Company nor any of its stockholders, with respect to the Company, have applied for qualification as an "S Corporation" as such term is defined in the Code and regulations promulgated thereunder.
Subchapter S Status. The Company represents that it has elected to be, and currently is, treated as a subchapter S corporation for federal income tax purposes, and that neither the Company nor any of its stockholders has any present intention to change such status.
Subchapter S Status. Sellers shall cause each of Ecolochem and International to maintain its respective status as an "S corporation" for U.S. Tax purposes through the Closing Date. Sellers shall cause each of S.A.R.L. and Moson Holdings to maintain its status as a societe a responsibilite limitee and limited liability company, respectively, so that each will be treated as a partnership for U.S. Tax purposes through the Closing Date.
Subchapter S Status. The Company has validly elected to be ------------------- treated as a Subchapter S corporation within the meaning of Section 1361 of the Code. The Company has at all times since March 1, 1990 qualified to be treated as a Subchapter S corporation within the meaning of Section 1361 of the Code.
Subchapter S Status. 53 5.21 Leases................................................................ 53 5.22
Subchapter S Status. 76 SECTION 7.04 FIRPTA CERTIFICATE......................................76
Subchapter S Status. Unless Sunrise is not a valid Subchapter S Corporation under the Code, there is no Straddle Period applicable to Federal Taxes assessed upon the shareholders of Sunrise.
Subchapter S Status. The Company has at all times since July ------------------- 1, 1990 been, and through the day before the Closing Date will be, taxable as an "S corporation" within the meaning of section 1361(a) of the Code.
Subchapter S Status. The Company is, and at all times during its existence has been, an S Corporation under and within the meaning of Section 1361 of the Code, and under all applicable state Tax laws and regulations.
