Final Tax Determination definition

Final Tax Determination has the meaning specified in Section 6.03.

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Final Tax Determination has the meaning as set forth in the definition of “Final Determination” in the Tax Matters Agreement.

Final Tax Determination means (i) a closing agreement, settlement agreement or similar agreement settling a Tax Proceeding entered into among the Seller, the Company and the IRS between or (ii) a final non-appealable order or judgment rendered by a court of competent jurisdiction concluding a Tax Proceeding.

Examples of Final Tax Determination in a sentence

By purchasing the Class B Notes, Holders agree to treat such Class B Notes as notional principal contracts for U.S. federal income tax purposes (except for U.S. withholding tax purposes) and, as a result, as (i) a deemed loan and (ii) an on-market swap, each of which is tax accounted for in the manner described in the Offering Circular, unless such Holders are required to treat the Class B Notes in some other manner pursuant to a Final Tax Determination.
By purchasing the Class B-1 Notes, Holders agree to treat such Class B-1 Notes as notional principal contracts for U.S. federal income tax purposes (except for U.S. withholding tax purposes) and, as a result, as (i) a deemed loan and (ii) an on-market swap, each of which is tax accounted for in the manner described in the Offering Circular, unless such Holders are required to treat the Class B-1 Notes in some other manner pursuant to a Final Tax Determination.
Holders and Beneficial Owners further agree to prepare their U.S. federal income tax returns on the basis that the Original Notes will be treated as indebtedness of ▇▇▇▇▇▇▇ Mac and to report items of income, deduction, gain or loss with respect to the Original Notes in a manner consistent with the information reported to them pursuant to Section 3.01(d), unless otherwise required pursuant to a Final Tax Determination.
By purchasing the Notes, the Holders and Beneficial Owners agree to treat such Notes as indebtedness of ▇▇▇▇▇▇ ▇▇▇ for U.S. federal income tax purposes, unless such Holders or Beneficial Owners are required to treat the Notes in some other manner pursuant to a final determination by the U.S. Internal Revenue Service or by a court of competent jurisdiction (each a "Final Tax Determination").
Holders and Beneficial Owners further agree to prepare their U.S. federal income tax returns on the basis that the Original Notes will be treated as indebtedness of Freddie Mac and to report items of income, deduction, gain or loss with respect to the Original Notes in a manner consistent with the information reported to them pursuant to Section 3.01(d), unless otherwise required pursuant to a Final Tax Determination.
Holders and Beneficial Owners further agree to prepare their U.S. federal income tax returns on the basis that the Notes will be treated as indebtedness of ▇▇▇▇▇▇ Mae and to report items of income, deduction, gain or loss with respect to the Notes in a manner consistent with the information reported to them pursuant to Section 3.01(c), unless otherwise required pursuant to a Final Tax Determination.
By purchasing the Class B Notes, Holders agree to treat such Class B Notes as notional principal contracts for U.S. federal income tax purposes and, as a result, as (i) a deemed loan and (ii) an on-market swap, each of which is tax accounted for in the manner described in the Offering Circular, unless such Holders are required to treat the Class B Notes in some other manner pursuant to a Final Tax Determination.
In the event that a Taxing Authority asserts that a Party’s treatment of a payment pursuant to this Agreement should be other than as required pursuant to this Agreement (ignoring any potential inconsistent or adverse Final Tax Determination), such Party shall use reasonable best efforts to contest such challenge.
Holders and Beneficial Owners further agree to prepare their U.S. federal income tax returns on the basis that the Notes will be treated as indebtedness of ▇▇▇▇▇▇ ▇▇▇ and to report items of income, deduction, gain or loss with respect to the Notes in a manner consistent with the information reported to them pursuant to Section 3.01(c), unless otherwise required pursuant to a Final Tax Determination.
Holders and Beneficial Owners further agree to prepare their U.S. federal income tax returns on the basis that the Notes will be treated as indebtedness of Freddie Mac and to report items of income, deduction, gain or loss with respect to the Notes in a manner consistent with the information reported to them pursuant to Section 3.01(d), unless otherwise required pursuant to a Final Tax Determination.

More Definitions of Final Tax Determination

Final Tax Determination means (i)(A) a decision, judgment, decree or other order by any court of competent jurisdiction, which decision, judgment, decree or other order has become final after all allowable appeals by either party to the action have been exhausted or the time for filing such appeals has expired or, (B) in any case where judicial review shall at the time be unavailable, a decision, judgment, decree or other order of an administrative official or agency of competent jurisdiction, which decision, judgment, decree or other order has become final after all allowable appeals by either party to the action have been exhausted or the time for filing such appeals has expired; (ii) a closing agreement entered into pursuant to Section 7121 of the Code or any other settlement agreement entered into in connection with an administrative or judicial proceeding which settlement agreement is final and binding on the parties thereto; (iii) the expiration of the time for instituting a claim for refund, or if such a claim was filed, the expiration of the time for instituting suit with respect thereto; or (iv) the expiration of the time for instituting suit with respect to the claimed deficiency.

Final Tax Determination means (i) with respect to federal income Taxes, a “determination” as defined in Section 1313(a) of the Code or execution of an IRS Form 870-AD, and (ii) with respect to Taxes other than federal income Taxes, any final determination of Liability in respect of a Tax that, under applicable Law, is not subject to further appeal, review or modification through proceedings or otherwise, including the expiration of a statute of limitations or a period for the filing of claims for refunds, amended Tax Returns or appeals from adverse determinations.

Final Tax Determination means (a) a closing agreement, settlement agreement or similar agreement settling a Tax proceeding entered into among any Seller, Purchaser or any Affiliate of either of the foregoing and the IRS or any other Tax authority or (b) a final non-appealable order or judgment rendered by a court of competent jurisdiction concluding a Tax proceeding.

Final Tax Determination means (i) with respect to federal income Taxes, a “determination” as defined in Section 1313(a) of the Code or execution of an IRS Form 870-AD and, (ii) with respect to Taxes other than federal income Taxes, any final determination of Liability in respect of a Tax that, under Applicable Law, is not subject to further appeal, review or modification through a proceeding or otherwise (including the expiration of a statute of limitations or a period for the filing of claims for refunds, amended Tax Returns or appeals from adverse determinations).