Recapture Period definition
Examples of Recapture Period in a sentence
During the Recapture Period, the Seller shall not, and shall cause the Seller Parties to not, incur or suffer to exist any (A) Liens except Permitted Liens; (B) secured or unsecured indebtedness except Permitted Indebtedness; provided, however, that this clause (xi) shall not prohibit any such action (or inaction) to the extent that it results in a Tax Credit Loss that is fully insured, and for which Buyer is made whole, pursuant to the Tax Insurance Policy.
Such collateral security shall be in an amount equal to 110% of the Purchase Price (provided that the Purchase Price, for purposes of such calculation, shall be reduced by 20% upon the expiration of the statute of limitations (including extensions) for assessment and collection of tax by the IRS with respect to tax returns filed by the Buyer for the first year of the Recapture Period, and then by an additional 20% each annual anniversary thereafter).
During the Recapture Period, the Guarantor shall, (a) not later than the date that is 60 days after the end of each fiscal quarter, deliver (or make publicly available) the unaudited financial statements of Guarantor for such fiscal quarter and (b) not later than the date that is 120 days after the end of each fiscal year, deliver (or make publicly available) the audited financial statements of the Guarantor for such fiscal year.
During the Recapture Period, the Guarantor shall, (a) not later than the date that is sixty (60) days after the end of each fiscal quarter, deliver to each Buyer the unaudited financial statements of Guarantor for such fiscal quarter and (b) not later than the date that is one hundred twenty (120) days after the end of each fiscal year, deliver to each Buyer the audited financial statements of the Guarantor for such fiscal year.
During the Recapture Period, the Seller shall not, and shall cause the Seller Parties to not, incur or suffer to exist any (A) Liens except Permitted Liens; (B) secured or unsecured indebtedness except Permitted Indebtedness; provided, however, that this clause (xi) shall not prohibit any such action (or inaction) to the extent that it results in a Tax Credit Loss that is fully insured, and for which each Buyer is made whole, pursuant to the Tax Insurance Policy.