DISAPPLICATION OF CERTAIN TERMINATION EVENTS. The "Tax Event Upon Merger" provision of Section 5(b)(iii) will not apply to Party A or to Party B. The "Tax Event" provision of Section 5(b)(ii) will not apply to Party B and will apply to Party A, provided that:
DISAPPLICATION OF CERTAIN TERMINATION EVENTS. The "Tax Event"
DISAPPLICATION OF CERTAIN TERMINATION EVENTS. The Tax Event provisions of Section 5(b)(ii) will apply to Party A and will not apply to Party B, provided that (i) each reference in that Section to "Indemnifiable Tax" shall be construed as a reference to "Tax" and (ii) the words "(x) any action taken by a taxing authority, or brought in a court of competent jurisdiction, on or after the date on which a Transaction is entered into (regardless of whether such action is taken or brought with respect to a party to this Agreement) or (y)" shall be deleted. The Tax Event Upon Merger provisions of Section 5(b)(iii) shall apply to Party A and shall not apply to Party B, provided that Party A shall not be entitled to designate an Early Termination Date or effect a transfer pursuant to Section 6(b)(ii) by reason of a Tax Event Upon Merger in respect of which it is the Affected Party.
DISAPPLICATION OF CERTAIN TERMINATION EVENTS. (i) Section 5(b)(iii) of this Agreement (Tax Event) will apply provided that the following language from Section 5(b)(iii) shall be deleted "(1) any action taken by a taxing authority, or brought in a court of competent jurisdiction, after a Transaction is entered into (regardless of whether such action is taken or brought with respect to a party to this Agreement) or (2)".
DISAPPLICATION OF CERTAIN TERMINATION EVENTS. The "Tax Event Upon Merger" provisions of Section 5(b)(iii) will apply to Party A and Party B, provided that (i) each reference in that Section to "Indemnifiable Tax" shall be construed as a reference to "Tax" and (ii) Party A shall not be entitled to designate an Early Termination Date or effect a transfer pursuant to Section 6(b)(ii) by reason of a Tax Event Upon Merger in respect of which it is the Affected Party. The Tax Event provisions of Section 5(b)(ii) will apply to Party A (except that for the purpose of Section 6(b)(iv) consent of the Issuer Security Trustee must be provided) and will not apply to Party B, provided that (i) each reference in that Section to "Indemnifiable Tax" shall be construed as a reference to "Tax" and (ii) the words “(x) any action taken by a taxing authority, or brought in a court of competent jurisdiction, on or after the date on which a Transaction is entered into (regardless of whether such action is taken or brought with respect to a party to this Agreement) or (y)” shall be deleted.
DISAPPLICATION OF CERTAIN TERMINATION EVENTS. (i) The Tax Event provisions of Section 5(b)(iii) will apply to Party A and will apply to Party B, provided that the words “(1) any action taken by a taxing authority, or brought in a court of competent jurisdiction, after a Transaction is entered into (regardless of whether such action is taken or brought with respect to a party to this Agreement) or (2)” shall be deleted.
DISAPPLICATION OF CERTAIN TERMINATION EVENTS. Section 5(b)(iii) of this Agreement will apply to Party A and will apply to Party B, provided that Party A shall not be entitled to designate an Early Termination Date or effect a transfer pursuant to Section 6(b)(ii) by reason of a Tax Event Upon Merger in respect of which it is the Affected Party. The Tax Event provisions of Section 5(b)(ii) will apply to Party A and will apply to Party B, provided that the words "(x) any action taken by a taxing authority, or brought in a court of competent jurisdiction, on or after the date on which a Transaction is entered into (regardless of whether such action is taken or brought with respect to a party to this Agreement) or (y)" shall be deleted.
DISAPPLICATION OF CERTAIN TERMINATION EVENTS. Sections 5(b)(ii) and 5(b)(iii) will not apply to Party A or to Party B.
DISAPPLICATION OF CERTAIN TERMINATION EVENTS. The "Tax Event Upon Merger" provisions of Section 5(b)(iii) will apply to Party A and Party B, provided that (i) each reference in that Section to "Indemnifiable Tax" shall be construed as a reference to "Tax" and (ii) Party A shall not be entitled to designate an Early Termination Date or effect a transfer pursuant to Section 6(b)(ii) by reason of a Tax Event Upon Merger in respect of which it is the Affected Party. The Tax Event provisions of Section 5(b)(ii) will apply to Party A and to Party B, provided that
