Nebraska Advantage Act Sample Clauses

Nebraska Advantage Act. Until December 31, 2014, Buyer shall use its commercially reasonable efforts to comply with all conditions and fulfill all obligations, in each case as the same exist at Closing, to maintain the benefits that are currently available to Parent under the Nebraska Advantage Act, as indicated on Schedule 3.11(h) of the Disclosure Schedule.
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Nebraska Advantage Act. For the purposes of obtaining certain tax advantages that may be available to Client under the Nebraska Advantage Act, Client wishes to make certain requests of Contractor with regard to the collection and payment of certain sales and use taxes arising under or in respect to the Agreement. Because Contractor does not have any objection to Client’s efforts to obtain sales and use tax exemptions and/or refunds (as the case may be), Contractor has agreed (in the manner described in this Section 2) to make reasonable efforts to assist Client with respect to such matters. The Parties continue to understand that the Contract Price excludes sales and use tax and to the same extent such were excluded under the Original Agreement and the Parties furthermore continue to understand and agree that Client shall remain unconditionally liable to Contractor for any sales and use tax that may be assessed to Contractor to the same extent that Client was so liable under the Original Agreement. Contractor shall have no liability whatsoever to Client with regard to Client’s success or failure in obtaining any tax credits or exemptions. With respect to certain state and local tax matters in connection with the Contractor’s Work, the following shall apply and the Original Agreement shall be deemed amended accordingly:

Related to Nebraska Advantage Act

  • Investment Company Act; JOBS Act Acquiror is not an “investment company” or a Person directly or indirectly “controlled” by or acting on behalf of an “investment company”, in each case within the meaning of the Investment Company Act. Acquiror constitutes an “emerging growth company” within the meaning of the JOBS Act.

  • Investment Company Act; Xxxxxxx Rule The Borrower (i) is not, and is not controlled by, an “investment company” registered or required to be registered under the Investment Company Act and (ii) is not a “covered fund” under the Xxxxxxx Rule. In determining that the Borrower is not a “covered fund” under the Xxxxxxx Rule, the Borrower relies on, and is entitled to rely on, the exemption from the definition of “investment company” set forth in Section 3(c)(5) of the Investment Company Act.

  • Investment Company Act Margin Regulations (a) Neither any Obligor nor any of its Restricted Subsidiaries is, or is regulated as, an “investment company,” as such term is defined in the Investment Company Act of 1940 (as adopted in the United States), as amended.

  • Investment Advisers Act The Manager is not prohibited by the Investment Advisers Act of 1940, as amended, or the rules and regulations thereunder, from performing its obligations under the Management Agreement as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Subchapter M The Fund will comply with the requirements of Subchapter M of the Code to qualify as a regulated investment company under the Code.

  • Predatory Lending Regulations; High Cost Loans None of the Mortgage Loans are classified as (a) “high cost” loans under the Home Ownership and Equity Protection Act of 1994 or (b) “high cost,” “threshold,” “predatory” or “covered” loans or “High Cost Home Loans” under any other applicable state, federal or local law (or a similarly classified loan using different terminology under a law imposing heightened regulatory scrutiny or additional legal liability for residential mortgage loans having high interest rates, points and/or fees);

  • Margin Regulations; Investment Company Act; Public Utility Holding Company Act (a) The Borrower is not engaged and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock.

  • Company is not an Ineligible Issuer (i) At the time of filing the Registration Statement and (ii) as of the Execution Time (with such date being used as the determination date for purposes of this clause (ii)), the Company was not and is not an Ineligible Issuer (as defined in Rule 405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that the Company be considered an Ineligible Issuer.

  • Investment Company Act Compliance The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

  • Advisers Act The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

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