Tax Stabilization Clause Sample Clauses

Tax Stabilization Clause. 23.1. The State, through MEM, guarantees the Contractor the Benefit of tax stability during all the validity of the contract, so it shall be only subject to the tax regimen in force at the Contract Signature Date. (i) The participation in the State Sharing Income, the Lease for Access to Surface, the Income Tax, the State Minimum Participation Tax, ITBIS and any other rate or tax in force at the Contract signature shall be part of the tax regime in force. (ii) The dispositions of this Article will not be applicable to the extensions that the State may grant as per it is provided for in Article 20 of this contract. (iii) Any additional tax obligation, or reduction of the tax burden (unless, for this latter, the legislation specifically provides it), which is introduced after the Signature Date and notarial registration of this Contract, shall not be considered within the terms of this contract.
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Tax Stabilization Clause. If a provision of the Tax Law, at the date of this Agreement is changed or repealed, or new fiscal impositions in the nature of a Tax or duty on the Company are made by the Government after the date of this Agreement, except for changes expressly provided for in this agreement, and as a result the Company is adversely and significantly financially affected or its liabilities are materially increased, the Parties must agree on a fair and reasonable method to compensate the Company for those changes or new fiscal impositions. For greater clarity, the Company shall be bound by all non-discriminatory changes in Applicable Law concerning health, safety, labor, the environment, and to address the proximate human rights impacts of mining provided that the changes in social and environmental standards are reasonable and generally accepted Good Industry Practice.
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Tax Stabilization Clause. Some of the below examples relate to stabilization.
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Tax Stabilization Clause. This is likely the most controversial clause in the MMDA. Commentators had very serious and divided concerns about the use of stabilization clauses, particularly as it may be difficult to distinguish between the stabilization of tax regimes and the stabilization of other regimes, such as those that protect the environment and promote social development. Many comments suggested that a stabilization clause is inappropriate for the MMDA or any other agreement, particularly as a starting point for negotiations. Some States, for example, no longer allow stabilization. Other comments strongly advocated for the inclusion of a stability clause. These comments noted that investors in the mining sector require tax stability, and proof of a strong record by the State in honoring agreements related to tax stability. Many comments suggested that, regardless of one’s position on tax stabilization, a model agreement should not assume a stabilization clause, but should leave it up to negotiating parties to decide whether such a clause is necessary. Commentators suggested that the best approach is one that helps all parties balance their economic interests.
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Related to Tax Stabilization Clause

  • Stabilization Neither the Company nor, to its knowledge, any of its employees, directors or shareholders (without the consent of the Representative) has taken or shall take, directly or indirectly, any action designed to or that has constituted or that might reasonably be expected to cause or result in, under Regulation M of the Exchange Act, or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Public Securities.

  • No Stabilization The Company has not taken, directly or indirectly, any action designed to or that could reasonably be expected to cause or result in any stabilization or manipulation of the price of the Shares.

  • No Stabilization or Manipulation; Compliance with Regulation M The Company will not take, and will ensure that no affiliate of the Company will take, directly or indirectly, any action designed to or that might cause or result in stabilization or manipulation of the price of the Shares or any reference security with respect to the Shares, whether to facilitate the sale or resale of the Offered Shares or otherwise, and the Company will, and shall cause each of its affiliates to, comply with all applicable provisions of Regulation M.

  • No Price Stabilization or Manipulation; Compliance with Regulation M Neither the Company nor any of its subsidiaries has taken, directly or indirectly, any action designed to or that might cause or result in stabilization or manipulation of the price of the Shares or of any “reference security” (as defined in Rule 100 of Regulation M under the Exchange Act (“Regulation M”)) with respect to the Shares, whether to facilitate the sale or resale of the Offered Shares or otherwise, and has taken no action which would directly or indirectly violate Regulation M.

  • Market Stabilization In connection with the distribution of the Offered Shares, the Underwriters (or any of them) may effect transactions which stabilize or maintain the market price of the Common Shares at levels other than those which might otherwise prevail in the open market, but in each case as permitted by Applicable Securities Laws. Such stabilizing transactions, if any, may be discontinued by the Underwriters at any time.

  • Stabilization and Manipulation Neither the Adviser, the Administrator nor any of their respective partners, officers, affiliates or controlling persons has taken, directly or indirectly, any action designed, under the 1934 Act, to result in the stabilization or manipulation of the price of any security of the Company to facilitate the sale of the Securities in violation of any law, statute, regulation or rule applicable to the Adviser, the Administrator or any of their respective partners, officers, affiliates or controlling persons.

  • No Stabilization or Manipulation The Company will not take, directly or indirectly, any action designed to or that would constitute or that might reasonably be expected to cause or result in, under the Exchange Act or otherwise, stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

  • Stabilization and Over-Allotment In order to facilitate the sale of the Securities, we authorize you, in your discretion, to purchase and sell Securities or any other securities of the Issuer or any guarantor of the Securities specified in the Invitation in the open market or otherwise, for long or short account, at such prices as you may determine, and, in arranging for sales to Selected Dealers or others, to over-allot. You may liquidate any long position or cover any short position incurred pursuant to this Section as such prices as you may determine. You shall make such purchases and sales (including over-allotments) for the accounts of the Underwriters as nearly as practicable in proportion to their respective underwriting obligations. It is understood that, in connection with any particular offering of Securities to which this Agreement applies, you may have made purchases of securities of the Issuer or securities of any guarantor of the Securities for stabilizing purposes prior to the time when we become an Underwriter, and we agree that any such securities so purchased shall be treated as having been purchased for the respective accounts of the Underwriters pursuant to the foregoing authorization. At the close of business on any day our net commitment, either for long or short account, resulting from such purchases or sales (including over-allotments) shall not exceed 20% (or such other amount as may be specified in the Invitation) of our underwriting obligation, except that such percentage may be increased with the approval of a majority in interest of the Underwriters. We will take up at cost on demand any Securities or other securities of the Issuer or any securities of any guarantor of the Securities so sold or over-allotted for our account, including accrued interest, amortization of original issue discount or dividends, and we will pay to you on demand the amount of any losses or expenses incurred for our account pursuant to this Section. In the event of default by any Underwriter in respect of its obligations under this Section, each non-defaulting Underwriter shall assume its share of the obligations of such defaulting Underwriter in the proportion that its underwriting obligation bears to the underwriting obligations of all non-defaulting Underwriters without relieving such defaulting Underwriter of its liability hereunder. If you effect any stabilizing purchase pursuant to this Section, you shall promptly notify us of the date and time of the first stabilizing purchase and the date and time when stabilizing was terminated. You shall prepare and maintain such records as are required to be maintained by you as manager pursuant to Rule 17a-2 under the 1934 Act.

  • No Price Stabilization or Manipulation The Company has not taken and will not take, directly or indirectly, any action designed to, or that might be reasonably expected to cause or result in, stabilization or manipulation of the price of any securities of the Company to facilitate the sale or resale of the Offered Securities.

  • No Market Stabilization or Manipulation The Company has not taken and will not take, directly or indirectly, any action designed to or which might reasonably be expected to cause or result in, or which has constituted, the stabilization or manipulation of the price of any security of the Company to facilitate the sale or resale of the Securities.

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