Common use of Tax Covenant Clause in Contracts

Tax Covenant. Notwithstanding any other provision hereof, the Company covenants and agrees that it will not take or authorize or permit any action to be taken with respect to the Project, or the proceeds of Bonds, including any amounts treated as proceeds of the Bonds for any purpose of Section 103 of the Code, which will result in the loss of the exclusion of interest on the Bonds from gross income for Federal income tax purposes under Section 103 of the Code (except for any Bond during any period while any such Bond is held by a person referred to in Section 147(a) of the Code). This provision shall control in case of conflict or ambiguity with any other provision of this Participation Agreement. In furtherance of such covenant and agreement, the Authority and the Company have entered into the Tax Regulatory Agreement and the Company hereby agrees to comply with the provisions thereof insofar as the Tax Regulatory Agreement relates to the Bonds.

Appears in 3 contracts

Samples: Participation Agreement (Marketspan Corp), Participation Agreement (Central Hudson Gas & Electric Corp), Participation Agreement (Long Island Lighting Co)

AutoNDA by SimpleDocs

Tax Covenant. Notwithstanding any other provision hereof, the Company Corporation covenants and agrees that it will not take or authorize or permit any action to be taken with respect to the Project, or the proceeds of Bonds, including any amounts treated as proceeds of the Bonds for any purpose of Section 103 of the Code, which will result in the loss of the exclusion of interest on the Bonds from gross income for Federal income tax purposes under Section 103 of the Code (except for any Bond during any period while any such Bond is held by a person referred to in Section 147(a) of the Code). This provision shall control in case of conflict or ambiguity with any other provision of this Participation Agreement. In furtherance of such covenant and agreement, the Authority and the Company Corporation have entered into the Tax Regulatory Agreement and the Company Corporation hereby agrees to comply with the provisions thereof insofar as the Tax Regulatory Agreement relates to the Bonds.

Appears in 2 contracts

Samples: Participation Agreement (Ch Energy Group Inc), Participation Agreement (Ch Energy Group Inc)

Tax Covenant. Notwithstanding any other provision hereof, the Company covenants and agrees that it will not take or authorize or permit any action to be taken with respect to the Project, or the proceeds of Bonds, including any amounts treated as proceeds of the Bonds for any purpose of Section 103 or any related provisions of the Code, which will result in the loss of the exclusion of interest on the any series of Bonds from gross income for Federal income tax purposes under Section 103 of the Code (except for any Bond during any period while any such Bond is held by a person referred to in Section 147(a) of the Code). This provision shall control in case of conflict or ambiguity with any other provision of this Participation Agreement. In furtherance of such covenant and agreement, the Authority and the Company have entered will enter into the Tax Regulatory Agreement and the Company hereby agrees to comply with the provisions thereof insofar as the Tax Regulatory Agreement relates to the Bondsthereof.

Appears in 1 contract

Samples: Participation Agreement (Keyspan Corp)

Tax Covenant. Notwithstanding any other provision hereof, the Company covenants and agrees that it will not take or authorize or permit any action to be taken with respect to the any Project, or the proceeds of Bonds, including any amounts treated as proceeds of the Bonds for any purpose of Section 103 or any related provisions of the Code, which will result in the loss of the exclusion of interest on the Bonds from gross income for Federal income tax purposes under Section 103 of the Code (except for any Bond during any period while any such Bond is held by a person referred to in Section 147(a) of the Code). This provision shall control in case of conflict or ambiguity with any other provision of this Participation Agreement. In furtherance of such covenant and agreement, the Authority and the Company have entered will enter into the Tax Regulatory Agreement and the Company hereby agrees to comply with the provisions thereof insofar as the Tax Regulatory Agreement relates to the Bondsthereof.

Appears in 1 contract

Samples: Participation Agreement (Keyspan Corp)

AutoNDA by SimpleDocs

Tax Covenant. Notwithstanding any other provision hereof, the Company Corporation covenants and agrees that it will not take or authorize or permit any action to be taken with respect to the Project, or the proceeds of Bonds, including any amounts treated as proceeds of the Bonds for any purpose of Section 103 or any related provisions of the Code, which will result in the loss of the exclusion of interest on the any series of Bonds from gross income for Federal income tax purposes under Section 103 of the Code (except for any Bond during any period while any such Bond is held by a person referred to in Section 147(a) of the Code). This provision shall control in case of conflict or ambiguity with any other provision of this Participation Agreement. In furtherance of such covenant and agreement, the Authority and the Company have entered Corporation will enter into the Tax Regulatory Agreement and the Company Corporation hereby agrees to comply with the provisions thereof insofar as the Tax Regulatory Agreement relates to the Bondsthereof.

Appears in 1 contract

Samples: Participation Agreement (Niagara Mohawk Power Corp /Ny/)

Time is Money Join Law Insider Premium to draft better contracts faster.