Recapture Liability definition

Recapture Liability means any reduction in, or any obligation to repay, all or any portion of the ITC or depreciation deductions relating to any Project resulting from the breach or violation by Seller of any representations or warranties of the Company, Seller, or an Affiliate of Seller as applicable, in the Company Contracts or the Project Contracts or the violation of any covenant of the Seller or an Affiliate of Seller under the Company Contracts or the Project Contracts, in each case attributable to periods prior to or existing as of the Closing, except as a result of: (a) any action or direction of Buyer or any Affiliate of Buyer; (b) any tax status or classification of Buyer or any Affiliate of Buyer; or (c) any event or circumstance occurring or arising after the Closing Date with respect to such Project.
Recapture Liability means any payment required to be made to the United States of America (or any agency or instrumentality thereof) resulting from all or any portion of the Cash Grant being “recaptured” or disallowed.
Recapture Liability means any payment required to be made to Treasury (or any other Governmental Authority) resulting from all or any portion of a Cash Grant being recaptured or disallowed, including any interest and penalties related thereto.

Examples of Recapture Liability in a sentence

  • The County shall have all remedies for the collection of the Recapture Liability as provided generally in the Tax Code for the collection of delinquent property taxes.

  • Notwithstanding anything herein to the contrary, such Recapture Liability shall not exceed, in the aggregate, an amount equal to all EIPs that were paid pursuant to this Agreement from the Effective Date to the date of termination (together with interest thereon to be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, but without the addition of a penalty).

  • Developer shall pay to the County the Recapture Liability within 30 days after the County makes demand for same, subject to any and all lawful offsets, settlements, deduction, or credits to which Developer may be entitled.

  • UPS shall pay to the County the Recapture Liability within thirty (30) days after the County makes demand for same, subject to any and all lawful offsets, settlements, deduction, or credits to which UPS may be entitled.

  • Provided however, the Recapture Liability hereunder shall not exceed, in the aggregate, an amount equal to the EIPs paid hereunder during the immediately preceding two calendar years.

  • In the event the City terminates this Agreement as a result of the Company’s default, the City may recapture and collect from the Company any or all Sales Tax Grant Payments previously paid to the Company (Recapture Liability).

  • Notwithstanding anything to the contrary, such Recapture Liability shall not exceed, in the aggregate, an amount equal to all Grant Payments that were paid pursuant to this Agreement from the effective date to the date of termination.

  • In the event the County terminates this Agreement as a result of UPS’s default, the County may recapture and collect from UPS the Recapture Liability.

  • The EDC shall have all the remedies for the collection of the Recapture Liability as provided generally in the Tax Code for the collection of delinquent sales and/or property taxes.

  • In the event the County terminates this Agreement as result of a default by the Developer, the County may recapture and collect from the Developer the Recapture Liability.


More Definitions of Recapture Liability

Recapture Liability means the total amount of all EIP’s that are paid as result of this Agreement that are subject to recapture by the County from UPS in the event of an UPS default.
Recapture Liability means any loss or liability of the Issuer resulting, directly or indirectly, from all or any portion of the Cash Grant being required to be repaid to the U.S. Treasury Department or any other Governmental Authority, including any interest and penalties related thereto. The termRecapture Liabilities” has a correlative meaning.
Recapture Liability means the total amount of all EIP’s that are paid as a result of this Agreement that are subject to recapture by TEDCO from East/West Manufacturing in the event of an East/West Manufacturing default.
Recapture Liability or “Recapture Liabilities” shall mean an amount equal to (i) the amount of the Cash Grant that is recaptured, disallowed, or invalidated as a result of a Recapture Event plus (ii) any associated interest and penalties or other amounts imposed in connection with the recapture or disallowance of the Cash Grant.
Recapture Liability means any payment required to be made to the United States of America (or any

Related to Recapture Liability

  • Maximum Liability has the meaning assigned to such term in Section 10.10.

  • Common expense liability means the liability for common

  • Recapture Amount means, with respect to any Employment Violation by Grantee, the gross gain realized or unrealized by Grantee upon all vesting of Restricted Share Units or delivery or transfer of Vested Shares during the Look-back Period with respect to such Employment Violation, which gain shall be calculated as the sum of:

  • Defects Liability Expiry Certificate means the certificate to be issued by the Client to the Contractor, in accordance with the Contract.

  • Products Liability means:Your legal liability in respect of Personal Injury and/or Property Damage caused by or arising out of any Products or the reliance upon a representation or warranty made at any time with respect to such products; but only where such Personal Injury and/or Property Damage occurs away from premises owned or leased by or rented to You and after physical possession of such products has been relinquished to others.

  • Tax Benefits means the net operating loss carryovers, capital loss carryovers, general business credit carryovers, alternative minimum tax credit carryovers and foreign tax credit carryovers, as well as any loss or deduction attributable to a “net unrealized built-in loss” within the meaning of Section 382 of the Code and the Treasury Regulations promulgated thereunder, of the Company or any of its Subsidiaries.

  • Excluded Liability means any liability that is excluded under the Bail-In Legislation from the scope of any Bail-In Action including, without limitation, any liability excluded pursuant to Article 44 of the Bank Recovery and Resolution Directive.

  • Tax Attribute means a net operating loss, net capital loss, investment credit, foreign tax credit, excess charitable contribution, general business credit or any other Tax Item that could affect a Tax.

  • Tax Liability means the total taxes due to a municipal corporation for the taxable year, after allowing any credit to which the taxpayer is entitled, and after applying any estimated tax payment, withholding payment, or credit from another taxable year.

  • Tax Benefit means any refund, credit, or other reduction in otherwise required Tax payments.

  • BRRD Liability means a liability in respect of which the relevant Write Down and Conversion Powers in the applicable Bail-in Legislation may be exercised.