Common use of Tax Shelter Regulations Clause in Contracts

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Agent thereof, and (2) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Agent, the Borrower acknowledges that one or more of the Banks may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank or Banks, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 4 contracts

Samples: Joinder and Assumption Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc), Credit Agreement (New Jersey Resources Corp)

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Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Administrative Agent thereof, and (2) deliver to the Administrative Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 4 contracts

Samples: Credit Agreement (Ii-Vi Inc), Continuing Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1i) notify the Agent thereof, and (2ii) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 4 contracts

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

Tax Shelter Regulations. None of the Loan Parties intends to treat the Revolving Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Agent Agents thereof, and (2) deliver to the Agent Agents a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the AgentAgents, the Borrower acknowledges that one or more of the Banks Lenders may treat its Revolving Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 3 contracts

Samples: Credit Agreement (Lantheus Holdings, Inc.), Credit Agreement (Lantheus Medical Imaging, Inc.), Credit Agreement (Lantheus MI Intermediate, Inc.)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1a) notify the Agent thereof, and (2b) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 3 contracts

Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Paying Agent thereof, and (2) deliver to the Paying Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Paying Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 2 contracts

Samples: Security Agreement (Consol Energy Inc), Collateral Trust Agreement (Consol Energy Inc)

Tax Shelter Regulations. None of the Borrower, any other Loan Parties Party nor any other Subsidiary of the Parent intends to treat the Loans and/or Letters of Credit or the transactions contemplated by this Agreement and related transactions the other Loan Documents as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). In If the event Borrower, any other Loan Party or any other Subsidiary of the Loan Parties Parent determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Agent thereof, and (2) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records records, including the identity of the applicable Loan Parties, all as required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Corp)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Agent thereof, and (2) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Agent, the Borrower acknowledges that one or more of the Banks may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank or Banks, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Tax Shelter Regulations. None of the Loan Parties intends The Borrower does not intend to treat the Loans and/or Letters of Credit Loan and related transactions as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event any of the Loan Borrower Affiliate Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Administrative Agent thereof, and (2) deliver to the Administrative Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Loan Agreement (BioFuel Energy Corp.)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans and/or Letters of Credit and related transactions as being a “reportable transactionReportable Transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In the event any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Agent thereof, and (2) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Agent, the Borrower acknowledges that one or more of the Banks may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank or Banks, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Respironics Inc)

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Tax Shelter Regulations. None of the Borrower, any other Loan Parties Party nor any other Subsidiary of the Parent intends to treat the Loans and/or Letters of Credit or the transactions contemplated by this Agreement and related transactions the other Loan Documents as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). In If the event Borrower, any other Loan Party or any other Subsidiary of the Loan Parties Parent determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Agent thereof, and (2) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records records, including the identity of the applicable Loan Parties, all as required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Corp)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Agent thereof, and (2) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation."

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Resource Partners L P)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans and/or Letters of Credit and related transactions as being a "reportable transaction" (within the meaning of Treasury Income Tax Regulation Section 1.6011-4). In the event any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Administrative Agent thereof, and (2) deliver to the Administrative Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans Loan and/or Letters of Credit as part of a transaction that is subject to Treasury Income Tax Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Income Tax Regulation.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Paying Agent thereof, and (2) deliver to the Paying Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Paying Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower Borrowers will promptly (1) notify the Agent thereof, and (2) deliver to the Agent a duly completed copy of IRS Form 8886 or any successor form. If the any Borrower so notifies the Agent, the Borrower acknowledges Borrowers acknowledge that one or more of the Banks may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank or Banks, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Vulcan Asphalt Refining Corp)

Tax Shelter Regulations. None of the Loan Parties intends to treat the Loans and/or 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 any of the Loan Parties determines to take any action inconsistent with such intention, the Borrower will promptly (1) notify the Paying Agent thereof, and (2) deliver to the Paying Agent a duly completed copy of IRS Form 8886 or any successor form. If the Borrower so notifies the Paying Agent, the Borrower acknowledges that one or more of the Banks Lenders may treat its Loans and/or Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Bank Lender or BanksLenders, as applicable, will maintain the lists and other records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

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