An Affidavit Sample Clauses

An Affidavit from Seller and any other parties required pursuant to Section 1445 of the Internal Revenue Code of 1986 (the "INTERNAL REVENUE CODE") and/or regulations relating thereto stating, under penalties of perjury, (a) that neither Seller nor any other party so swearing is a foreign person within the meaning of Section 1445 of the Internal Revenue Code, (b) the U.S. taxpayer identification number of Seller and such other parties, if any, (c) the home address of Seller and such other parties (or the business address if any such party is not an individual), and (d) such other information as may be required by regulations enacted by the Department of Treasury, in connection with Section 1445 of the Internal Revenue Code. An executed counterpart of this Affidavit will be furnished to the Internal Revenue Service and Purchaser at Closing. In the event Seller fails to deliver such Affidavit at Closing or Seller delivers such Affidavit but Purchaser has actual knowledge that such Affidavit is false or Purchaser receives notice that the Affidavit is false from any agent of Purchaser or Seller, Purchaser shall be entitled to withhold from the Purchase Price a sum equal to ten percent (10%) of the total amount which otherwise would have been realized by Seller from the sale contemplated by this Agreement, or such other amount as is required by applicable regulation, which sum will be paid by Purchaser to the United States Treasury pursuant to the requirements of Section 1445 of the Internal Revenue Code and the regulations relating thereto;
An Affidavit of Landlord certifying that (i) to Landlord's knowledge, on the Date of Closing there are no parties in possession of the Project; (ii) that there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Landlord; (iii) that there has been no skill, labor or material furnished to the Project at Landlord's insistence for which mechanic's liens could be filed; (iv) that, to Landlord's knowledge, there are no unrecorded interests in the Project of any kind except the Lease; and (v) that Landlord, under the penalty of perjury, is not for federal income tax purposes, a nonresident alien, or a foreign corporation, trust or estate.
An Affidavit to the affect that building materials shall not be stacked on Government land in case of plot size more than 418 sq.mtrs. in format as given in Appendix ‘M’..

Related to An Affidavit

  • Non-Foreign Affidavit The Transferor Partners shall execute and deliver to the BRI Partnership and the BRI Partnership's counsel, at Closing such evidence as may be reasonably required by the BRI Partnership to show compliance by the Transferor Partners with the Foreign Investment and Real Property Tax Act, Internal Revenue Code Section 1445(b)(2), as amended.

  • FIRPTA Affidavit A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations.

  • Owner’s Affidavit The Owner’s Affidavit materials referred to in Section 13(d) above.

  • Affidavit An affidavit in the form required by the Title Company to remove any standard exceptions, including mechanics’ liens, parties in possession and similar matters, together with a GAP Indemnity.

  • FIRPTA Certificate Each Stockholder shall have delivered to TCI a certificate to the effect that he is not a foreign person pursuant to Section 1.1445-2(b) of the Treasury regulations.

  • Nondisturbance So long as Tenant complies with the provisions of this Agreement, pays all rents and other charges as specified in the Lease and is not otherwise in default (beyond applicable notice and cure periods) of any of its obligations and covenants pursuant to the Lease, Trustee agrees for itself and its successors in interest and for any other person acquiring title to the Property through a foreclosure (an “Acquiring Party”), that Tenant’s possession of the Leased Premises as described in the Lease will not be disturbed during the term of the Lease by reason of a foreclosure. For purposes of this Agreement, a “foreclosure” shall include (but not be limited to) a sheriff’s or trustee’s sale under the power of sale contained in the Security Instruments, the termination of any superior lease of the Property and any other transfer of the Landlord’s interest in the Property under peril of foreclosure, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure.

  • MANNER OF GIVING NOTICE; AFFIDAVIT OF NOTICE Notice of any meeting of shareholders shall be given either personally or by first-class mail or telegraphic or other written communication, charges prepaid, addressed to the shareholder at the address of that shareholder appearing on the books of the Trust or its transfer agent or given by the shareholder to the Trust for the purpose of notice. If no such address appears on the Trust's books or is given, notice shall be deemed to have been given if sent to that shareholder by first-class mail or telegraphic or other written communication to the Trust's principal executive office, or if published at least once-in a newspaper of general circulation in the county where that office is located. Notice shall be deemed to have been given at the time when delivered personally or deposited in the mail or sent by telegram or other means of written communication. If any notice addressed to a shareholder at the address of that shareholder appearing on the books of the Trust is returned to the Trust by the United States Postal Service marked to indicate that the Postal Service is unable to deliver the notice to the shareholder at that address, all future notices or reports shall be deemed to have been duly given without further mailing if these shall be available to the shareholder on written demand of the shareholder at the principal executive office of the Trust for a period of one year from the date of the giving of the notice. An affidavit of the mailing or other means of giving any notice of any shareholder's meeting shall be executed by the Secretary, Assistant Secretary or any transfer agent of the Trust giving the notice and shall be filed and maintained in the minute book of the Trust.

  • FIRPTA Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those items are defined in the Internal Revenue Code and Income Tax Regulations).

  • Secretary Certificate The Company shall have delivered to the Purchaser a certificate executed by the Company’s secretary certifying as to the validity and effectiveness of, and attaching, (A) copies of the Company’s Organizational Documents as in effect as of the Closing Date (immediately prior to the Effective Time), (B) the requisite resolutions of the Company’s board of directors authorizing and approving the execution, delivery and performance of this Agreement and each Ancillary Document to which the Company is or is required to be a party or bound, and the consummation of the Merger and the other transactions contemplated hereby and thereby, and the adoption of the Surviving Corporation Organizational Documents, and recommending the approval and adoption of the same by the Company Stockholders at a duly called meeting of stockholders, (C) evidence that the Required Company Stockholder Approval has been obtained and (D) the incumbency of officers of the Company authorized to execute this Agreement or any Ancillary Document to which the Company is or is required to be a party or otherwise bound.