Qualifying Opinion definition

Qualifying Opinion shall have the meaning set forth in Section 3(d).
Sample 1Sample 2Sample 3
Qualifying Opinion means a written opinion of outside, reputable tax counsel licensed to practice law in the United States and acting reasonably.
Sample 1Sample 2Sample 3

Examples of Qualifying Opinion in a sentence

  • In addition, LVP shall not enter into any transaction described in the first sentence of Section 3(d) unless LVP shall have first provided ANCJ with a Qualifying Opinion in a timely manner pursuant to the requirements of Section 3(d).

  • In addition, LVP shall not enter into any transaction described in the first sentence of Section 3(d) unless LVP shall have first provided AMR with a Qualifying Opinion in a timely manner pursuant to the requirements of Section 3(d).

  • In addition, the Applicable Lightstone Party shall not enter into any transaction described in the first sentence of Section 3(d) unless the Applicable Lightstone Party shall have first provided ARP with a Qualifying Opinion in a timely manner pursuant to the requirements of Section 3(d).

  • If the Applicable Lightstone Party does not provide ARP with a description of the transaction and, if reasonably requested by ARP, a Qualifying Opinion in a timely manner pursuant to the first sentence of this paragraph, then the Applicable Lightstone Party shall not consummate such transaction.

  • If LVP does not provide AMR with a description of the transaction and, if reasonably requested by AMR, a Qualifying Opinion in a timely manner pursuant to the first sentence of this paragraph, then LVP shall not consummate such transaction.

  • If the Trustee received a Qualifying Opinion in connection with the formation of the 2006 Funding Trust, then no Supplemental Trust Agreement shall become effective unless and until the Trustee receives an opinion in form and substance reasonably satisfactory to it of counsel reasonably acceptable to the Trustee to the effect that such supplement will not cause the 2006 Funding Trust to fail to be treated as such a grantor trust.

  • Furthermore, LVP shall not report any transaction as resulting (in whole or in part) in the realization, but not the nonrecognition, of Built-in Gain unless either (i) LVP previously provided ANCJ with a Qualifying Opinion in a timely manner pursuant to the first sentence of this paragraph or (ii) LVP obtains the consent of ANCJ prior to taking such reporting position.

  • If LVP does not provide ANCJ with a description of the transaction and, if reasonably requested by ANCJ, a Qualifying Opinion in a timely manner pursuant to the first sentence of this paragraph, then LVP shall not consummate such transaction.

  • Furthermore, LVP shall not report any transaction as resulting (in whole or in part) in the realization, but not the nonrecognition, of Built-in Gain unless either (i) LVP previously provided AMR with a Qualifying Opinion in a timely manner pursuant to the first sentence of this paragraph or (ii) LVP obtains the consent of AMR prior to taking such reporting position.

  • Furthermore, the Applicable Lightstone Party shall not report any transaction as resulting (in whole or in part) in the realization, but not the nonrecognition, of Built-in Gain unless either (i) the Applicable Lightstone Party previously provided ARP with a Qualifying Opinion in a timely manner pursuant to the first sentence of this paragraph or (ii) the Applicable Lightstone Party obtains the consent of ARP prior to taking such reporting position.

Related to Qualifying Opinion

  • Second opinion means an opportunity or requirement to obtain a clinical evaluation by a provider other than the one originally making a recommendation for a proposed health service to assess the clinical necessity and appropriateness of the initial proposed health service.

  • REMIC Opinion An Independent Opinion of Counsel, to the effect that the proposed action described therein would not, under the REMIC Provisions, (i) cause any REMIC created hereunder to fail to qualify as a REMIC while any regular interest in such REMIC is outstanding, (ii) result in a tax on prohibited transactions with respect to any REMIC created hereunder or (iii) constitute a taxable contribution to any REMIC created hereunder after the Startup Day.

  • Tax Opinion means, with respect to any action, an Opinion of Counsel to the effect that, for federal income tax purposes, (a) such action will not cause the Notes of any outstanding class of Notes that were characterized as debt at the time of their issuance to be characterized as other than debt, (b) such action will not cause the Trust to be deemed to be an association (or publicly traded partnership) taxable as a corporation and (c) such action will not cause or constitute an event in which gain or loss would be recognized by any Holder.

  • Unqualified Opinion means an opinion on financial statements from an independent certified public accounting firm acceptable to the Required Purchasers in their reasonable discretion which opinion shall not include any qualifications or any going concern limitations other than customary qualifications related to negative profits and debt maturities within one year of applicable maturity date.

  • qualifying person means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;

  • Tax Counsel shall have the meaning set forth in Section 6.2 hereof.

  • Qualifying exigency means a situation where the eligible employee seeks leave for one or more of the following reasons:

  • Nondisqualification Opinion An Opinion of Counsel, prepared at the Trust’s expense and payable from the Collection Account, that a contemplated action will not cause (i) either the Lower-Tier REMIC or the Upper-Tier REMIC to fail to qualify as a REMIC or (ii) a “prohibited transaction” or “prohibited contributions” tax to be imposed on either the Lower-Tier REMIC or the Upper-Tier REMIC at any time that any Certificates are outstanding.

  • Debt-For-Tax Opinion means an Opinion of Counsel, of nationally recognized tax counsel, delivered to the Depositor and the Indenture Trustee stating that the Notes specified therein will be debt for United States federal income tax purposes.

  • Qualifying Dependent means, for Dependent Care Flexible Spending Account purposes,

  • Favorable Opinion of Bond Counsel means an opinion or opinions of nationally recognized bond counsel to the effect that the action proposed to be taken is authorized or permitted by the Certificate and will not adversely affect the exclusion of interest on the Bonds from gross income for purposes of federal income taxation.

  • Qualifying child means an individual who:

  • Issuer Tax Opinion means with respect to any action, an Opinion of Counsel to the effect that, for federal income tax purposes and subject to customary assumptions and qualifications for opinions of this type, (a) such action will not adversely affect the tax characterization as debt of any Notes that were characterized as debt at the time of their issuance, and (b) following such action neither the Issuer nor the Titling Trust will be treated as an association (or publicly traded partnership) taxable as a corporation.

  • Qualifying Offer shall have the meaning set forth in Section 11(a)(ii) hereof.

  • Qualifying Notes means, at any time, any securities (other than the Notes) issued directly or indirectly by the Issuer:

  • Qualifying Offering means a private offering of *****’s equity securities (or securities convertible into or exercisable for *****’s equity securities) for cash (or in satisfaction of debt issued for cash) having its final closing on or after the date of this Agreement and which includes investment by one or more venture capital, professional angel, corporate or other similar institutional investors other than Stanford. For the avoidance of doubt, if ***** is a limited liability company, then “equity securities” means limited liability company interests in *****.

  • Benefit Plan Opinion With respect to any Certificate presented for registration in the name of any Person, an Opinion of Counsel acceptable to and in form and substance satisfactory to the Trustee and the Company to the effect that the purchase or holding of such Certificate is permissible under applicable law, will not constitute or result in a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code, and will not subject the Trust, the Trustee, the Delaware Trustee, the Master Servicer or the Company to any obligation or liability (including obligations or liabilities under Section 406 of ERISA or Section 4975 of the Code) in addition to those undertaken in this Agreement, which Opinion of Counsel shall not be an expense of the Trust, the Trustee, the Delaware Trustee, the Master Servicer or the Company.

  • Qualifying Property means a primary residence that a qualified applicant owned and occupied

  • Qualifying week means the 15th week before the expected week of childbirth.

  • Independent Tax Counsel means a lawyer, a certified public accountant with a nationally recognized accounting firm, or a compensation consultant with a nationally recognized actuarial and benefits consulting firm with expertise in the area of executive compensation tax law, who shall be selected by the Board, and whose fees and disbursements shall be paid by the Company.

  • Opinion means a written, nonbinding, and advisory statement issued by the commission concerning an interpretation of the meaning of the codes or the application of the codes in a specific circumstance issued in response to a specific request by a party to the issue.

  • Qualifying job means a permanent full-time job that:

  • Qualifying project means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land of a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure and services, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; or (viii) any improvements necessary or desirable to any unimproved locally- or state-owned real estate.

  • Qualifying Company means a qualifying company within the meaning of section 110 of the Taxes Act;

  • Qualifying Income Gross income that is described in Section 856(c)(2) or 856(c)(3) of the Code.

  • Qualifying condition means a condition described in Section 26-61a-104.