Arbitrage Compliance Clause Samples

The Arbitrage Compliance clause ensures that all parties adhere to applicable laws and regulations designed to prevent arbitrage, particularly in financial or tax-sensitive transactions. This clause typically requires parties to avoid structuring transactions in a way that exploits differences in regulations or tax treatments across jurisdictions, and may obligate them to provide documentation or certifications confirming compliance. Its core function is to mitigate legal and financial risks by ensuring that the transaction does not inadvertently violate anti-arbitrage rules, thereby protecting all parties from potential penalties or invalidation of the agreement.
Arbitrage Compliance. (a) The Borrower and the Issuer acknowledge that the continued exclusion of interest on the Bonds from gross income of the recipients thereof for purposes of federal income taxation depends, in part, upon compliance with the arbitrage limitations imposed byss. 148 of the Code, including the rebate requirement described in Section
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Arbitrage Compliance. The Issuer and the Company acknowledge that the continued exclusion of interest on the Bonds from gross income of the recipients for purposes of federal income taxation depends, in part, upon compliance with the arbitrage limitations imposed by Section 148 of the Code, including the rebate requirement described in Sections 4.03, 4.04 and 4.05 below. The Issuer shall not control or otherwise be involved in any investment decisions relating to the proceeds of the Bonds, nor shall it be required to monitor any such investment decisions. The Company hereby agrees to take the actions described in Sections 4.03 through 4.05 below with respect to the investment of Gross Proceeds on deposit in the funds and accounts established under the Indenture and to direct the Trustee in writing to make the required transfers and dispositions described in Sections 4.03, 4.04 and 4.05 below.
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Arbitrage Compliance. The Borrower and the Issuer acknowledge that the continued exclusion of interest on the Bonds from gross income of the recipients thereof for purposes of federal income taxation depends, in part, upon compliance with the arbitrage limitations imposed by ss. 148 of the Code, including the rebate requirement described in Section 4.3
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Arbitrage Compliance. 18 Section 4.03. Calculation of Rebate Amount.....................................19 Section 4.04. Payment to United States.........................................21 Section 4.05. Recordkeeping....................................................22 Section 4.06. Rebate Analyst...................................................22 Article V COMPLIANCE WITH CODE...............................................................23 Article VI TERM OF TAX REGULATORY AGREEMENT...................................................24 Article VII AMENDMENTS.........................................................................24 Article VIII EVENTS OF DEFAULT, REMEDIES
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Arbitrage Compliance. 10 Section 4.2. Arbitrage Representations 10
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Arbitrage Compliance. (a) The City acknowledges that the continued exclusion of interest on the Notes from gross income of the recipients thereof for purposes of federal income taxation depends, in part, upon compliance with the arbitrage limitations imposed by Section 148 of the Code, including the rebate requirement described in Section 4.6 below. The City hereby agrees and covenants that it will not permit at any time or times any of the Gross Proceeds of the Notes nor other funds of the City to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the Notes to be "arbitrage bonds" for purposes of Section 148 of the Code. The City further agrees and covenants that it shall do and perform all acts and things necessary in order to ensure that the requirements of Section 148 of the Code are met. To that end, the City will take the actions described in this Article IV with respect to the investment of Gross Proceeds. (b) This Tax Regulatory Agreement is intended to be the certificate required by Section 1.148-2(d)(2) of the Regulations.
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Arbitrage Compliance. 18 Section 4.3. Calculation of Rebate Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 4.4. Payment to United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 4.5. Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 4.6. Rebate Analyst . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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Arbitrage Compliance. The Company acknowledges that the continued exemption of interest on the Bonds from federal income taxation depends, in part, upon compliance with the arbitrage limitations imposed by Section 148 of the Code, including the rebate requirement described in Section 7.3 hereof and the one hundred-fifty percent requirement described in Section 7.7 hereof. The Issuer has, in the Installment Sale Agreement, authorized the Company to take all actions necessary to comply with the rebate requirements. The Company hereby agrees and covenants that it shall not permit at any time any of the proceeds of the Bonds or other funds of the Company to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause any of the Bonds to be an "arbitrage bond" for purposes of Section 148 of the Code. The Company further agrees and covenants that it shall do and perform all acts and things necessary in order to assure that the requirements of Section 148(f) of the Code (formerly Section 103(a)(6) of the 1954 Code) are met. To that end, the Company, on behalf of the Issuer, shall take the actions described in such Sections 7.3 through 7.7 hereof and any other actions required under Section 148 and the applicable Regulations with respect to the investment of proceeds on deposit in the funds and accounts established under the Indenture.
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Arbitrage Compliance. The Corporation and the Issuer acknowledge that the continued exclusion of interest on the Series 2017 Bonds from gross income of the recipients thereof for purposes of federal income taxation depends, in part, upon compliance with the arbitrage limitations imposed by Section 148 of the Code, including the rebate requirement described in Section 4.04
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Related to Arbitrage Compliance

  • CEQA Compliance The District has complied with all assessment requirements imposed upon it by the California Environmental Quality Act (Public Resource Code Section 21000 et seq. (“CEQA”) in connection with the Project, and no further environmental review of the Project is necessary pursuant to CEQA before the construction of the Project may commence.

  • OSHA Compliance To the extent applicable to the services to be performed under this Agreement, Contractor represents and warrants, that all articles and services furnished under this Agreement meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this Agreement.

  • FERPA Compliance In connection with all FERPA Records that Contractor may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Contractor is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Contractor (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation:

  • FCPA Compliance The Company has not and, to the Company’s actual knowledge, none of its employees or agents at any time during the last five years have (i) made any unlawful contribution to any candidate for foreign office, or failed to disclose fully any contribution in violation of law, or (ii) made any payment to any federal or state governmental officer or official, or other person charged with similar public or quasi-public duties, other than payments required or permitted by the laws of the United States or any jurisdiction thereof.

  • FDA Compliance The Company: (A) is and at all times has been in material compliance with all statutes, rules or regulations of the FDA and other comparable governmental entities applicable to the ownership, testing, development, manufacture, packaging, processing, use, distribution, marketing, labeling, promotion, sale, offer for sale, storage, import, export or disposal of any product under development, manufactured or distributed by the Company (“Applicable Laws”); (B) has not received any FDA Form 483, notice of adverse finding, warning letter, untitled letter or other correspondence or notice from the FDA or any governmental entity alleging or asserting material noncompliance with any Applicable Laws or any licenses, certificates, approvals, clearances, exemptions, authorizations, permits and supplements or amendments thereto required by any such Applicable Laws (“Authorizations”); (C) possesses all material Authorizations and such Authorizations are valid and in full force and effect and the Company is not in material violation of any term of any such Authorizations; (D) has not received notice of any claim, action, suit, proceeding, hearing, enforcement, investigation, arbitration or other action from the FDA or any governmental entity or third party alleging that any product operation or activity is in material violation of any Applicable Laws or Authorizations and has no knowledge that the FDA or any governmental entity or third party is considering any such claim, litigation, arbitration, action, suit, investigation or proceeding; (E) has not received notice that the FDA or any governmental entity has taken, is taking or intends to take action to limit, suspend, modify or revoke any material Authorizations and has no knowledge that the FDA or any governmental entity is considering such action; and (F) has filed, obtained, maintained or submitted all material reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments as required by any Applicable Laws or Authorizations and that all such reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments were materially complete and correct on the date filed (or were corrected or supplemented by a subsequent submission).