Common use of Tax Returns and Tax Payments Clause in Contracts

Tax Returns and Tax Payments. (i) BEST has timely filed with the appropriate taxing authorities all Tax Returns, as that term is hereinafter defined, required to be filed by it (taking into account all applicable extensions). Except as set forth on Schedule 3.01(m), all such Tax Returns are true, correct and complete in all material respects. Except as set forth on Schedule 3.01(m), all Taxes, as that term is hereinafter defined, due and owing by BEST have been paid (whether or not shown on any Tax Return and whether or not any Tax Return was required). (ii) No material claim for unpaid Taxes has been made or become a lien against the property of BEST or is being asserted against BEST, no audit of any Tax Return of BEST is being conducted by a tax authority, and no extension of the statute of limitations on the assessment of any Taxes has been granted by BEST and is currently in effect. BEST has withheld and paid all Taxes required to have been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, shareholder or other third party. (iii) As used herein, “Taxes” shall mean all taxes of any kind, including, without limitation, those on or measured by or referred to as income, gross receipts, sales, use, ad valorem, franchise, profits, license, withholding, payroll, employment, excise, severance, stamp, occupation, premium value added, property or windfall profits taxes, customs, duties or similar fees, assessments or charges of any kind whatsoever, together with any interest and any penalties, additions to tax or additional amounts imposed by any governmental authority, domestic or foreign. As used herein, “Tax Return” shall mean any return, report or statement required to be filed with any Governmental Entity with respect to Taxes.

Tax Returns and Tax Payments. (i) BEST The Vendor has timely filed with the appropriate taxing authorities all Tax Returns, as that term is hereinafter defined, Returns required to be filed by it (taking into account all applicable extensions). Except as set forth on Schedule 3.01(m), all All such Tax Returns are true, correct and complete in all material respects. Except as set forth on Schedule 3.01(m), all Taxes, as that term is hereinafter defined, All Taxes due and owing by BEST the Vendor have been paid (whether or not shown on any Tax Return and whether or not any Tax Return was required). Since the Balance Sheet Date, the Vendor has not incurred any liability for Taxes outside the ordinary course of business consistent with past custom and practice. As of the Closing Date, the unpaid Taxes of the Vendor will not exceed the reserve for Tax liability (excluding any reserve for deferred Taxes established to reflect timing differences between book and Tax income) set forth on the books and records of the Vendor. (ii) No material claim for unpaid Taxes has been made or become a lien Lien against the property of BEST the Vendor or is being asserted against BEST, no audit of any Tax Return of BEST is being conducted by a tax authoritythe Vendor, and no extension of the statute of limitations on the assessment of any Taxes has been granted by BEST to the Vendor and is currently in effect. BEST has withheld and paid all Taxes required to have been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, shareholder or other third party. (iii) As used herein, “Taxes” shall mean all taxes of any kind, including, without limitation, those on or measured by or referred to as income, gross receipts, sales, use, ad valorem, franchise, profits, license, withholding, payroll, employment, excise, severance, stamp, occupation, premium value added, property or windfall profits taxes, customs, duties or similar fees, assessments or charges of any kind whatsoever, together with any interest and any penalties, additions to tax or additional amounts imposed by any governmental authority, domestic or foreign. As used herein, “Tax Return” shall mean any return, report or statement required to be filed with any Governmental Entity governmental authority with respect to Taxes.

Tax Returns and Tax Payments. (i) BEST Each of the Existing Company Entities has timely filed with the appropriate taxing authorities all Tax Returns, as that term is hereinafter defined, Returns required to be filed by it (taking into account it, has paid all applicable extensions). Except as set forth on Schedule 3.01(m), all such Tax Returns are true, correct and complete in all material respects. Except as set forth on Schedule 3.01(m), all Taxes, as that term is hereinafter defined, Taxes shown thereon to be due and owing by BEST has provided adequate reserves in its financial statements for any Taxes that have not been paid (paid, whether or not shown as being due on any Tax Return and whether or not any Tax Return was required)returns. (ii) No material claim for unpaid Taxes has been made or become a lien against the property of BEST any of the Existing Company Entities or is being asserted against BESTany of the Existing Company Entities, no audit of any Tax Return of BEST any of the Existing Company Entities is being conducted by a tax authority, and no extension of the statute of limitations on the assessment of any Taxes has been granted by BEST any of the Existing Company Entities and is currently in effect. BEST has withheld and paid all Taxes required to have been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, shareholder or other third party. (iii) As used herein, “Taxes” shall mean all taxes of any kind, including, without limitation, those on or measured by or referred to as income, gross receipts, sales, use, ad valorem, franchise, profits, license, withholding, payroll, employment, excise, severance, stamp, occupation, premium value added, property or windfall profits taxes, customs, duties or similar fees, assessments or charges of any kind whatsoever, together with any interest and any penalties, additions to tax or additional amounts imposed by any governmental authority, domestic or foreign. As used herein, “Tax Return” shall mean any return, report or statement required to be filed with any Governmental Entity governmental authority with respect to Taxes.

Tax Returns and Tax Payments. (i) BEST AX has timely filed with the appropriate taxing authorities all Tax Returns, as that term is hereinafter defined, required to be filed by it (taking into account all applicable extensions). Except as set forth on Schedule 3.01(m), all such Tax Returns are true, correct and complete in all material respects. Except as set forth on Schedule 3.01(m), all Taxes, as that term is hereinafter defined, due and owing by BEST AX have been paid (whether or not shown on any Tax Return and whether or not any Tax Return was required). (ii) No material claim for unpaid Taxes has been made or become a lien against the property of BEST AX or is being asserted against BESTAX, no audit of any Tax Return of BEST AX is being conducted by a tax authority, and no extension of the statute of limitations on the assessment of any Taxes has been granted by BEST AX and is currently in effect. BEST AX has withheld and paid all Taxes required to have been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, shareholder or other third party. (iii) As used herein, “Taxes” shall mean all taxes of any kind, including, without limitation, those on or measured by or referred to as income, gross receipts, sales, use, ad valorem, franchise, profits, license, withholding, payroll, employment, excise, severance, stamp, occupation, premium value added, property or windfall profits taxes, customs, duties or similar fees, assessments or charges of any kind whatsoever, together with any interest and any penalties, additions to tax or additional amounts imposed by any governmental authority, domestic or foreign. As used herein, “Tax Return” shall mean any return, report or statement required to be filed with any Governmental Entity with respect to Taxes.