Common use of Tax Shelter Regulations Clause in Contracts

Tax Shelter Regulations. Borrower does not intend to treat the Loans and advances and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event Borrower determines to take any action inconsistent with such intention, it will promptly notify Administrative Agent thereof. If Borrower so notifies Administrative Agent, Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans as part of a transaction that is subject to Treasury Regulation 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 7 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

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Tax Shelter Regulations. The Borrower does not intend to treat the Loans and advances or Letters of Credit and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event the Borrower determines to take any action inconsistent with such intention, it will promptly notify the Administrative Agent thereof. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulationtreasury regulation.

Appears in 6 contracts

Samples: Credit Agreement (Tredegar Corp), Credit Agreement (Tredegar Corp), Credit Agreement (Orthofix International N V)

Tax Shelter Regulations. The Borrower does not intend to treat the Loans and advances and/or Letters of Credit and related transactions as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). In the event the Borrower determines to take any action inconsistent with such intention, it will promptly notify the Administrative Agent thereof. If the Borrower so notifies the Administrative Agent, Borrower acknowledges the Loan Parties acknowledge that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 2 contracts

Samples: Credit Agreement (Per Se Technologies Inc), Credit Agreement (Serologicals Corp)

Tax Shelter Regulations. Borrower does not intend to treat the Loans and advances Advances and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event Borrower determines to take any action inconsistent with such intention, it will promptly notify Administrative Agent thereof. If Borrower so notifies Administrative Agent, Borrower acknowledges that one or more of the Lenders Banks may treat its Revolving Loans Syndicated Advances and/or its interest in Swingline Loans Swing Line Advances as part of a transaction that is subject to Treasury Regulation 301.6112-1, and that such Lender Bank or LendersBanks, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 2 contracts

Samples: Credit Agreement (American Capital Strategies LTD), Credit Agreement (American Capital Strategies LTD)

Tax Shelter Regulations. Borrower does The Borrowers do not intend to treat the Loans and advances and/or Letters of Credit and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-41.6011­4). In the event any Borrower determines to take any action inconsistent with such intention, it will promptly notify the Administrative Agent thereof. If Borrower the Borrowers so notifies notify the Administrative Agent, Borrower acknowledges the Borrowers acknowledge that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 2 contracts

Samples: Credit Agreement (Aecom Technology Corp), Credit Agreement (Aecom Technology Corp)

Tax Shelter Regulations. Borrower does not intend to treat the Loans and advances and/or Letters of Credit and related transactions as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). In the event Borrower determines to take any action inconsistent with such intention, it will promptly notify Administrative Agent thereof. If Borrower so notifies Administrative Agent, Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Tax Shelter Regulations. Holdings and the Borrower does do not intend to treat the Loans and advances and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event Holdings or the Borrower determines to take any action inconsistent with such intention, it such Person will promptly notify the Administrative Agent thereof. If Holdings or the Borrower so notifies the Administrative Agent, the Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Revolving Credit Agreement (Keystone Automotive Operations Inc)

Tax Shelter Regulations. Borrower does not intend to treat the Loans and advances Advances and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event Borrower determines to take any action inconsistent with such intention, it will promptly notify Administrative Agent thereof. If Borrower so notifies Administrative Agent, Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans as part of a transaction that is subject to Treasury Regulation 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

Tax Shelter Regulations. Borrower does not intend to treat the Loans and advances and/or LCs and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event Borrower determines to take any action inconsistent with such intention, it will promptly notify Administrative Agent thereof. If Borrower so notifies Administrative Agent, Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans Loan and/or its interest in Swingline Swing Line Loans and/or LCs as part of a transaction that is subject to Treasury Regulation 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Corp)

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Tax Shelter Regulations. The Borrower does not intend to treat the Loans and advances or Letters of Credit and related transactions as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). In the event the Borrower determines to take any action inconsistent with such intention, it will promptly notify the Administrative Agent thereof. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulationtreasury regulation.

Appears in 1 contract

Samples: Credit Agreement (Orthofix International N V)

Tax Shelter Regulations. The Borrower does not intend to treat the Loans and advances and/or Letters of Credit and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event the Borrower determines to take any action inconsistent with such intention, it will promptly notify the Administrative Agent thereof. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Western Gas Resources Inc)

Tax Shelter Regulations. The Borrower does not intend to treat the Loans and advances and/or Letters of Credit and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event the Borrower determines to take any action inconsistent with such intention, it will promptly notify the Administrative Agent thereof. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that one or more of the Lenders may treat its Revolving Loans and/or its interest in Swingline Loans Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender or Lenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

Tax Shelter Regulations. Borrower does not intend to treat the Loans and advances and related transactions as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). In the event Borrower determines to take any action inconsistent with such intention, it will promptly notify the Administrative Agent thereof. If Borrower so notifies the Administrative Agent, Borrower acknowledges that one or more of the Lenders Banks may treat its Revolving Committed Loans, Money Market Loans and/or its interest in Swingline Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender Bank or LendersBanks, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Revolving Credit Agreement (Equity Office Properties Trust)

Tax Shelter Regulations. Borrower does not intend to treat the Loans and advances and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event Borrower determines to take any action inconsistent with such intention, it will promptly notify the Administrative Agent thereof. If Borrower so notifies the Administrative Agent, Borrower acknowledges that one or more of the Lenders Banks may treat its Revolving Committed Loans, Money Market Loans and/or its interest in Swingline Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and that such Lender Bank or LendersBanks, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Revolving Credit Agreement (Eop Operating LTD Partnership)

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