Tax Determination definition

Tax Determination has the meaning set forth in Section 7.1(f).

Tax Determination means an Opinion of Outside Counsel (containing such conditions, limitations and qualifications as are acceptable to the General Partner in its sole discretion) to the effect that, as a result of the proposed transaction, neither the Partnership nor Alliance Capital will suffer an Adverse Partnership Tax Consequence. Notwithstanding any provision of this Agreement to the contrary, a Tax Determination shall not be required in connection with or as a condition to any action at any time after (x) the General Partner has taken any action pursuant to clause (y) of the first sentence of Section 2.05 or (y) an Adverse Tax Determination.

Tax Determination means a “determination” defined in Section 1313(a)(l) of the Code and shall also include any settlement agreement entered into with the IRS;

Examples of Tax Determination in a sentence

• BNY Mellon and TRP shall put in place mutually agreed upon procedures as part of the SLD that outline the circumstances under which BNY Mellon is required to alert TRP regarding a BNYM Tax Determination.

• TRP shall have the right in those circumstances to instruct BNY Mellon to process a security or an event differently than the BNYM Tax Determination for a Fund or Funds (the “Escalation Process”).

• By purchasing the Class B Notes, Holders agree to treat such Class B Notes as notional principal contracts for U.S. federal income tax purposes (except for U.S. withholding tax purposes) and, as a result, as (i) a deemed loan and (ii) an on-market swap, each of which is tax accounted for in the manner described in the Offering Circular, unless such Holders are required to treat the Class B Notes in some other manner pursuant to a Final Tax Determination.

• By purchasing the Class B-1 Notes, Holders agree to treat such Class B-1 Notes as notional principal contracts for U.S. federal income tax purposes (except for U.S. withholding tax purposes) and, as a result, as (i) a deemed loan and (ii) an on-market swap, each of which is tax accounted for in the manner described in the Offering Circular, unless such Holders are required to treat the Class B-1 Notes in some other manner pursuant to a Final Tax Determination.

• Each Tax Determination shall become final and binding upon the parties (a) if there is no Tax Dispute, at the end of such fifteen (15) day period, without change, or (b) if there is a Tax Dispute, upon final resolution of such Tax Dispute, with such changes as may result from such Tax Dispute.

More Definitions of Tax Determination

Tax Determination means a determination of net payable tax by any Commissioner under chapter eleven;

Tax Determination is defined in Section 7.10.

Tax Determination. The meaning set forth in Article X hereof.

Tax Determination means the issuance by the IRS (or, if applicable, a tax authority of a state or county) of a final administrative adjustment, notice of proposed assessment, notice of deficiency or other similar notice of determination (or, if applicable, a similar notice by such other tax authority), after any challenge thereto through the appellate level within the IRS (or within such other tax authority), that results in the recharacterization of the tax treatment of any acts or transactions provided for in or permitted by this Agreement.

Tax Determination as defined in Section 2.2(a).

Tax Determination means, with respect to the Company or any of its Subsidiaries, (a) the receipt of a private letter ruling from the IRS; (b) the expiration of 30 days after official IRS acceptance of a Waiver of Restrictions on Assessment and Collection of Deficiency in Tax and Acceptance of Overassessment on IRS Form 870 or 870-AD (or any successor comparable form or the expiration of a comparable period with respect to any comparable agreement or form under the laws of other jurisdictions), unless, within such period, the Company gives notice to the Representative of the Company's intention to attempt to recover all or part of any amount paid or to be paid pursuant to the Waiver or comparable form by the filing of a timely claim for refund; (c) a decision, judgment, decree, or other order by a court of competent jurisdiction that has become final and is not subject to further judicial review (by appeal or otherwise); (d) the execution of a closing agreement under section 7121 of the Code or the official acceptance by the IRS of an offer in compromise under section 7122 of the Code, or comparable agreements under the laws of other jurisdictions; (e) the expiration of the time for filing a claim for refund or for instituting suit in respect of a claim for refund disallowed in whole or part by the IRS or any other taxing authority with which a claim for refund could be or was filed; (f) a change in applicable Income Tax law rendering one or more of the Tax Assumptions inaccurate; (g) any other final disposition of the tax liability for such period by reason of the expiration of the applicable statute of limitations; or (h) the mutual agreement of the Company and the Representative; to the effect that Litigation Proceeds or Non-Cash Proceeds are or are not includible in gross income in whole or in part, or more or less deduction is allowed in respect of payments of the CVR Payment Amount than is provided for in the Tax Assumptions; provided that no such Tax Determination shall be deemed to be made unless (i) it is made prior to date on which any Litigation Proceeds or Non-Cash Proceeds are received by the Company or its Subsidiaries, or (ii) if made after such date, it has the effect of increasing the CVR Payment Amount. In the event of the occurrence of a Tax Determination after the date that any Litigation Proceeds or Non-Cash Proceeds are received, the Company, as soon as practicable, shall recompute the CVR Payment Amount, and pay to the Holders any excess of the recompu...

Tax Determination means, with respect to the Company or any of its Subsidiaries,