Transferred credits definition

Transferred credits means unused approved costs as determined by the Department of Revenue from a previously approved, independent, active project under a different incentive program governed by the Cabinet for Economic Development that may be transferred to a jobs retention project and used by the approved company pursuant to a jobs retention agreement.

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Transferred credits means unused approved costs as determined by the

Transferred credits means unused approved costs as determined by the Department of Revenue from a previously approved, independent, active

Examples of Transferred credits in a sentence

• The Parties agree and acknowledge that the Transferor shall be permitted to assign its rights, title and interest in, to and under this Agreement to Persons providing financing for the benefit of the Transferor or its Affiliates, provided that such assignment does not affect Transferee’s ability to claim the Transferred Credits, free and clear of any Liens and other encumbrances of any Person.

• Transferee has been provided with, or otherwise has access to, all information that Transferee believes is necessary or appropriate in connection with its decision to purchase the Transferred Credits.

• Transferee has not relied on Transferor or its Affiliates for any legal, regulatory, tax, insurance, investment, or accounting advice related to the Transferred Credits.

• Upon a termination pursuant to Section 8.1(a)-(e), Transferor shall refund to Transferee all amounts previously paid by Transferee to Transferor with respect to Transferred Credits that Transferee is unable to claim as a result of such termination, plus interest on such amounts calculated at the daily Secured Overnight Financing (SOFR) published by the Federal Reserve Bank of New York on the date of such termination.

• The Parties acknowledge and agree that they have done diligence reasonably expected to establish reasonable cause within the meaning of Final Treasury Regulation section 1.6418-5(a)(4) to claim the full Transferred Credits.

• Transferor is not a party to, subject to or bound by any Contract with any Persons, or any judgment, order, writ, prohibition, injunction or decree of any court or other Governmental Authority, which would prevent or materially and adversely affect the execution, delivery or performance of this Agreement or the transfer, conveyance and sale of the Transferred Credits by Transferor to Transferee pursuant to the terms hereof.

• No action, suit, investigation, proceeding, or claim by or against Transferee, or involving the business or property of Transferee, is pending, or, to Transferee’s knowledge, threatened in writing before any court or Governmental Authority, that could reasonably be expected to prevent or materially and adversely affect the legality, validity, or enforceability of this Agreement or the transfer, conveyance and sale of the Transferred Credits by Transferor to Transferee pursuant to the terms hereof.

More Definitions of Transferred credits

Transferred credits means amounts credited to a Participant’s Plan Account, in accordance with Section IV.A., reflecting the Participant’s account balance, if any, under the Prior BMS Plan as of the close of business on the day immediately preceding the Effective Date, which was assigned to and assumed by the Company under this Plan as of the Effective Date.

Transferred credits has the meaning given to it in the Recitals.