QUALIFIED INVESTMENT. 2.3.1 Applicant’s Qualified Investment is described in Schedule 2.3, which is incorporated herein by reference. Property not specifically referenced in Schedule 2.3 and not otherwise meeting the requirements of Chapter 313 and this Agreement shall not be considered to be a Qualified Investment for purposes of this Agreement and will not be subject to this Agreement.
QUALIFIED INVESTMENT. Subject to the qualifications and limitations described under “Eligibility for Investment” in the Prospectus, the Securities will be qualified investments under the Income Tax Act (Canada) and the regulations thereunder for trusts governed by registered retirement savings plans, registered retirement income funds, registered education savings plans, deferred profit sharing plans, a registered disability savings plan and tax free savings accounts.
QUALIFIED INVESTMENT expenditures incurred to drill, develop or acquire Oil and Gas Properties or to acquire equipment in each case, useful in the business of Borrower or any Wholly Owned Subsidiary Guarantor.
QUALIFIED INVESTMENT. Subject to the qualifications and limitations described under “Eligibility for Investment” in the Prospectus, the Offered Shares will be qualified investments under the Tax Act and the regulations thereunder for trusts governed by registered retirement savings plans, registered retirement income funds, registered education savings plans, deferred profit sharing plans, a registered disability savings plan and tax free savings accounts.
QUALIFIED INVESTMENT. Where a Québec business investment company makes a qualified investment after 2 May 1991 wholly or partially out of the proceeds of a share issue referred to in the first paragraph, the portion of the amount, referred to in this paragraph as the “particular amount”, renounced by it under the first paragraph in respect of the share issue, represented by the proportion that the amount of such portion of the qualified investment as may reasonably be considered to have been made out of the proceeds of the share issue is of the amount by which the aggregate referred to in subparagraph b of the first paragraph in respect of the share issue exceeds the particular amount, is deemed, for the purposes of paragraph b.2 of section 965.29, to be attributable to the qualified investment. Validity of the renunciation. Any renunciation made by a Québec business investment company under the first paragraph in respect of a share issue is valid only if it is made, in prescribed form, on or before the earlier of the last day of its fiscal period in which the share issue commenced and 31 December in the calendar year in which the share issue commenced. History: 1992, c. 1, s. 143; 2002, c. 45, s. 521; O.C. 45-2004; 2004, c. 37, s. 90. Restrictions. 965.31.6. A Québec business investment company may renounce an amount under section 965.31.5 in respect of an expense (a) on the one hand, only if the expense is an expense that would be deductible under section 147, but for the second paragraph thereof and section 147.1, in computing the income of the Québec business investment company for any taxation year; and
QUALIFIED INVESTMENT. The Offered Securities will be qualified investments under the Income Tax Act (Canada) and the regulations thereunder for trusts governed by registered retirement savings plans, registered retirement income funds, registered education savings plans, deferred profit sharing plans, a registered disability savings plan and tax free savings accounts.
QUALIFIED INVESTMENT. Pursuant to Section 313.0275 of the TEXAS TAX CODE, in the event that the Applicant fails to make $[Enter actual $ amount being the minimum amount of the Qualified Investment for the category of school district required by Section 313.023 or Section 313.053 of the TEXAS TAX CODE] of Qualified Investment, in whole or in part, during the Qualifying Time Period, the Applicant is liable to the State for a penalty. The amount of the penalty is the amount determined by: (i) multiplying the maintenance and operations tax rate of the school district for that tax year that the penalty is due by (ii) the amount obtained after subtracting (a) the Tax Limitation Amount Agreement for Limitation on Appraised Value Texas Economic Development Act Agreement Between [Insert Name of ISD] and [Insert Name of Applicant] [Insert Date] Page 20 of 29 Comptroller Form 50-826 (Jan 2016) identified in Section 2.4.B from (b) the Market Value of the property identified on the Appraisal District’s records for the Tax Year the penalty is due. This penalty shall be paid on or before February 1 of the year following the expiration of the Qualifying Time Period and is subject to the delinquent penalty provisions of Section 33.01 of the TEXAS TAX CODE. The Comptroller may grant a waiver of this penalty in the event of Force Majeure which prevents compliance with this provision. [OPTIONAL PROVISION if Parties agree to include a remedy for Material Breach in 9.1.C of Agreement] Section 9.7. REMEDY FOR FAILURE TO CREATE AND MAINTAIN REQUIRED NEW QUALIFYING JOBS Pursuant to Section 313.0276 of the TEXAS TAX CODE, for any full Tax Year that commences after the project has become operational, in the event that it has been determined that the Applicant has failed to meet the job creation or retention requirements defined in Sections 9.1.C, the Applicant shall not be deemed to be in Material Breach of this Agreement until such time as the Comptroller has made a determination to rescind this Agreement under Section 313.0276 of TEXAS TAX CODE, and that determination is final. [OPTIONAL PROVISION if Parties agree to include a remedy for Material Breach in 9.1.D of Agreement] Section 9.8. REMEDY FOR FAILURE TO CREATE AND MAINTAIN COMMITTED NEW QUALIFYING JOBS
QUALIFIED INVESTMENT. Subject to the qualifications and limitations described under “Eligibility for Investment” in the Canadian Final Prospectus, the Shares, the Warrants and the Warrant Shares will be qualified investments under the Income Tax Act (Canada) (the “Tax Act”) and the regulations thereunder for trusts governed by registered retirement savings plans, registered retirement income funds, registered education savings plans, deferred profit sharing plans, a registered disability savings plan, tax free savings accounts and first home savings accounts.
QUALIFIED INVESTMENT expenditures incurred to drill, develop or acquire Oil and Gas Properties or to acquire equipment in any geographic area described on Schedule 1.1(c) (as such schedule may be amended, modified or supplemented from time to time with the consent of Borrower and Agent), in each case, useful in the business of Borrower or any Wholly Owned Subsidiary Guarantor.
QUALIFIED INVESTMENT. The Company reasonably believes that, based on the legal opinion of Goulston & Storrs, P.C. and prior interpretive rulings issued by the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Deposit Insurance Corporation and the Board of Governors of the Federal Reserve System (collectively, the "CRA Federal Agencies"), assuming a banking institution has legal authority to make the investment, it is more likely than not that (i) a banking institution's investment in the CRA Preferred Shares will receive positive consideration under the Community Reinvestment Act of 1977, as amended (the "CRA"), and as affected by the Xxxxx-Xxxxx-Xxxxxx Act, enacted on November 12, 1999, as a "qualified investment", and (ii) the Company's methodology of initial allocation of CRA credits will be acceptable to the CRA Federal Agencies.
