Tax Equity Arrangement definition

Tax Equity Arrangement means an investment structure or arrangement involving one or more investors seeking a target internal rate of return that includes federal income tax credits and/or tax depreciation (each, a “Tax Equity Investor”) and generally (i) described in Revenue Procedures 2001-28 (sale leaseback (with or without “leverage”)), 2007-65 (flip partnership) or 2014-12 (flip partnership and master tenant partnership) as those revenue procedures are reasonably applied or analogized to a solar project transaction (as opposed to a wind farm or rehabilitated real estate project) or (ii) contemplated by Section 50(d)(5) of the Code (a pass- through/inverted lease).

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Tax Equity Arrangement means an investment structure or arrangement involving one or more investors seeking a target internal rate of return that includes federal income tax credits and/or tax depreciation (each, a “Tax Equity Investor”) and generally (i) described in Revenue Procedures 2001-28 (sale leaseback (with or without “leverage”)), 2007-65 (flip partnership) or 2014-12 (flip partnership and master tenant partnership) as those revenue procedures are reasonably applied or analogized to a solar, storage, or combined generation and storage project transaction or (ii) contemplated by Section 50(d)(5) of the Code (a pass-through/inverted lease).

Tax Equity Arrangement means an investment structure or arrangement involving one or more investors seeking a target internal rate of return that includes federal income tax credits and/or tax depreciation (each, a “Tax Equity Investor”) and generally (i) described in Revenue 36 NTD: Insert “ninety” and “90” as appropriate (unless there is an uneven distribution of Delay Liquidated Damages after the Guaranteed Substantial Completion Date). Procedures 2001-28 (sale leaseback (with or without “leverage”)), 2007-65 (flip partnership) or 2014-12 (flip partnership and master tenant partnership) as those revenue procedures are reasonably applied or analogized to a solar project transaction (as opposed to a wind farm or rehabilitated real estate project) or (ii) contemplated by Section 50(d)(5) of the Code (a pass- through/inverted lease).

Examples of Tax Equity Arrangement in a sentence

In the event that Buyer secures a Tax Equity Arrangement for the Transactions, FERC and other regulatory approvals may be included as Buyer’s Regulatory Approvals and additional language added to the Agreement to address such approvals.
Neither the Borrower nor any Subsidiary is party to any tax sharing agreement with any Person or any other agreement pursuant to which it is liable for the material Taxes of another Person (including with any Affiliate of the Borrower or its Subsidiaries) other than in connection with a Permitted Tax Equity Arrangement or customary provisions contained in any agreements entered into in the ordinary course of business and not primarily related to Taxes.
Borrower shall have furnished to the Independent Engineer each then current financial model prepared by or on behalf of Borrower or any of its Subsidiaries in connection with such Project, including any such model prepared in connection with any Permitted Tax Equity Arrangement for such Project, to the extent that the inputs and revenue, technical, operating or construction assumptions from any such model are incorporated into the Base Case Model delivered pursuant to the foregoing clause (i).
Each Obligor and each of its Subsidiaries is a partnership or an entity disregarded as separate from its owner for U.S. federal income tax purposes (other than Persons (other than the Borrower) with different Tax status in connection with a Permitted Tax Equity Arrangement, Tax Equity Document or Facility Acquisition, provided that in each case the expected tax effects of such other Tax status are properly reflected in the applicable Pro Forma Model).

More Definitions of Tax Equity Arrangement

Tax Equity Arrangement means an investment structure or arrangement involving one or more investors seeking a target internal rate of return that includes federal income tax credits and/or tax depreciation (each, a “Tax Equity Investor”) and generally (i) described in Revenue Procedures 2001-28 (sale leaseback (with or without “leverage”)), 2007-65 (flip partnership) or 2014-12 (flip partnership and master tenant partnership) as those revenue procedures are reasonably applied or analogized to a storage project transaction or (ii) contemplated by Section 50(d)(5) of the Code (a pass-through/inverted lease).