Tax-Exempt Use Property. None of the Assets is "tax-exempt use property" within the meaning of Section 168(h) of the Code.
Tax-Exempt Use Property. None of the property owned by the Company is "tax-exempt use property" within the meaning of Section 168(h) of the Code.
Tax-Exempt Use Property. Such Transfer will not cause the Assets of the Company to become (in whole or in part) “tax-exempt use property” within the meaning of Section 168(h) of the Code.
Tax-Exempt Use Property. None of the Acquired Assets is "tax-exempt use property" within the meaning of section 168(h) of the Code.
Tax-Exempt Use Property. During the period from the commencement date of the Lease Term (as set forth in Schedule C to the Lease) through expiration or earlier termination of the Lease with respect to any Project, the Projects will not, as a result of any use or action by, or the status of Haverty, any sublessee, or any other user (other than the Purchaser) constitute "tax exempt use property" within the meaning of Section 168(h) of the Code.
Tax-Exempt Use Property. No property of the Company (or the Company Subsidiary) is property that the Company or any party to this transaction is or will be required to treat as being owned by another Person pursuant to the provisions of Code §168(f)(8) (as in effect prior to its amendment by the Tax Reform Act of 1986) or is “tax-exempt use property” or “tax-exempt bond financed property” within the meaning of Code §168.
Tax-Exempt Use Property. If such Disposition would occur prior to the end of the later of (i) the PTC Period and (ii) the Flip Point, either (x) such Disposition would not cause the Wind Farm to be treated wholly or partly as “tax-exempt use property” within the meaning of Section 168(h) of the Code or (y) the transferor provides an indemnity from an entity reasonably satisfactory to the other Members and the members of Holdings (other than the Company) and in a manner reasonably acceptable to each other Member and the members of Holdings (other than the Company) for any adverse Tax consequences that such other Member and such members of Holdings (other than the Company) experience as a result of any change in classification caused by such Disposition.
Tax-Exempt Use Property. If such Disposition would occur prior to the end of the later of (i) the PTC Period and (ii) the Flip Point, either (x) such Disposition would not cause the Wind Farm to be treated wholly or partly as “tax-exempt use property” within the meaning of Section 168(h) of the Code or (y) the transferor provides an indemnity from an entity reasonably satisfactory to the other Members and the members of Holdings and in a manner reasonably acceptable to each other Member and the members of Holdings for any adverse Tax consequences it experiences as a result of any change in classification caused by such Disposition.
Tax-Exempt Use Property. Except as set forth in Schedule 4.13(q) of the Company Disclosure Schedule, none of the property owned by the Company is “tax-exempt use property” within the meaning of Section 168(h) of the Code.
Tax-Exempt Use Property. None of the properties or assets of the LLC is "tax-exempt use property" within the meaning of Section 168(h) of the Code.
