US Tax Election. Each of the Issuer and the Bank SPC will properly and timely file a Form 8832 with the U.S. Internal Revenue Service in order to be treated as a partnership for U.S. federal income tax purposes, effective as of the date of its formation. The Issuer will make available to any U.S. holder a copy of the Form 8832 filed with respect to the Issuer upon written request by such U.S. holder to the Agent through the DTC, Euroclear or Clearstream participant holding interests in the preferred securities for such U.S. holder.
US Tax Election. For US federal, state and local income tax purposes, all items of income, gain, loss, deduction and credit of the Company will be allocated among the Parties in a manner consistent with the economic arrangement of the Parties as described herein as shall be determined by Myomo. Myomo shall have final decision-making authority with respect to all US federal, state and local tax matters involving the Company and its Subsidiaries, including (i) the election pursuant to United States Treasury Regulation 301.7701-3 to treat the Company and any Subsidiary thereof as a pass-through entity for US federal income tax purposes and (ii) all other elections and decisions relevant to the US federal, state and local tax returns of the Company and its Subsidiaries.
US Tax Election. At Formus' written request to Elmedia, which Formus may make in its sole discretion, Formus and Elmedia will cause the Company to elect to obtain fiscal transparency for US tax purposes.
US Tax Election. 14 AGREEMENT This Agreement is made this ___ day of March, 2002 between
US Tax Election. At the request of SEFL, the Company and every Shareholder shall execute a "check the box election" under United States tax laws in the form attached as Schedule 1. ________________ In witness whereof the parties hereto have signed this Agreement on the date first above written: /s/ Xxxxx Xxxxxxx __________________________ ----------------- Scandinavian Energy Finance Xxxxx Xxxxxxxx Limited PRESENT when the Common Seal of SCANDINAVIAN ENERGY FINANCE LIMITED was affixed hereto: ___________________________ Director ___________________________ Director/Secretary
US Tax Election. (a) Atmel and Vault-IC shall cooperate in the timely preparation and filing of the necessary forms with the US Internal Revenue Service in connection with the election referred to in the fourth Recital to this Agreement.
US Tax Election. CSM acknowledges that Lucent may, but shall not be required to, treat the Company as a partnership for United States income tax purposes. If requested by Lucent, the parties shall cause the Company to execute Treasury Form 8832 (or any subsequent 62 The Company - CSM - Lucent Confidential 63 form(s) designated by the United States government) to classify the Company as a partnership for U.S. tax purposes. In no event shall CSM or the Company be required to take any action or execute any such form(s) if such action will increase the tax liability of CSM or the Company. CSM and the Company shall consult with Lucent prior to taking any position or making any filing which relate to the Company with any United States federal or state taxing authority. All out of pocket costs and expenses incurred by CSM or the Company in complying with Lucent's requests under this Clause shall be borne by Lucent; provided, that in the case of fees and expenses of any tax or legal advisors or other professional consultants, such fees and expenses shall be borne by Lucent only if the retention of such advisors or consultants has been pre-approved by Lucent. In the event Lucent elects to treat the Company as a partnership for U.S. income tax purposes, Lucent hereby agrees to enter into the Tax Indemnity Agreement prior to the Company executing Treasury Form 8832 (or any subsequent form(s) designated by the United States government).
US Tax Election. At the request of the Purchaser, the Company shall, and shall cause its Subsidiaries to, cooperate with the Purchaser in (i) the prompt preparation and filing of ‘check the box’ elections effective at least two (2) days prior to Closing to specify the US tax classification of the Company and/or any such Subsidiary, (ii) the prompt conversion of the Company and/or any of its Subsidiaries that is not currently eligible to make a check the box election into a company form which is eligible to make such an election, and (iii) taking any other action that is reasonably requested to enhance, rationalize, and/or simplify the US tax treatment of the Company and its Subsidiaries; it being understood that (x) no check the box election shall have any bearing on the tax treatment or legal status of the subject entity for non-US purposes, (y) no conversion or action shall be undertaken as described above if it is determined that doing so would have an adverse impact on either the Company or any of its Subsidiaries, and (z) the reasonable costs and expenses incurred in this connection shall be promptly paid or reimbursed by the Purchaser.
US Tax Election. Buyer shall not make an election under Section 338(g) of the Code with respect to the purchase and sale of the Company Shares pursuant to this Agreement without the advance written consent of Seller, which consent may be withheld in Seller’s sole and absolute discretion.
US Tax Election. For U.S. income tax purposes, the Purchaser intends to elect pursuant to IRC section 338(g) to treat the Transaction as an asset purchase. The Parties will cooperate with each other, and the Sellers will execute all documents and take such action as reasonably requested by the Purchaser to effect such election.
