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The Preferred Shares of Newco which will be issued as described in paragraph 10 above, will not be, at any time during the implementation of the proposed transactions described herein: (a) the subject of any undertaking that is referred to in subsection 112(2.2) as a "guarantee agreement"; (b) the subject of a dividend rental arrangement; (c) the subject of any secured undertaking of the type described in paragraph 112(2.4)(a); or (d) issued for consideration that is or includes: A) an obligation of the type described in subparagraph 112(2.4)(b)(i), other than an obligation of a corporation that is related (otherwise than by reason of a right referred to in paragraph 251(5)(b)); or B) any right of the type described in subparagraph 112(2.4)(b)(ii). 19. ...

If XCO elects under subsection 184(3) of the Act to avoid the Part III tax, the CRA would have to assess the shareholders of XCO in order to take into consideration the taxable dividend that would be deemed to be received by the shareholders under paragraph 184(3)(d) of the Act. ...

The Assigned Interest will become legally effective once the Fund and the Assigning Lender execute it, provide the required notice, obtain any necessary consent in accordance with the terms of the Credit Agreement and once the Fund pays the consideration and any required fees for the Assigned Interest. 7. ...

Lorsqu'il s'agit de distinguer les droits d'inscription à un programme sport-étude des frais d'activité parascolaire de nature sportive, il faut prendre en considération tous les faits pertinents. ...

In consideration for the transfer of the Transferred Assets, Parentco will issue a non-interest-bearing, demand promissory note with a principal amount equal to the fair market value of the Transferred Assets to Subco. ...

Lorsque la superficie totale du fonds de terre excède un demi-hectare, les restrictions quant à la superficie minimale d'un lot ou quant au morcellement ou à la subdivision du fonds de terre édictées par une loi ou un règlement d'une municipalité ou d'une province peuvent être prises en considération aux fins de la détermination de l'usage de l'excédent. ...

LEGISLATION Subsection 18(9.1) Penalties, bonuses and rate-reduction payments — Subject to subsection 142.4(10), where at any time a payment, other than a payment that (a) can reasonably be considered to have been made in respect of the extension of the term of a debt obligation or in respect of the substitution or conversion of a debt obligation to another debt obligation or share, or (b) is contingent or dependent on the use of or production from property or is computed by reference to revenue, profit, cash flow, commodity price or any other similar criterion or by reference to dividends paid or payable to shareholders of any class of shares of the capital stock of a corporation, is made to a person or partnership by a taxpayer in the course of carrying on a business or earning income from property in respect of borrowed money or on an amount payable for property acquired by the taxpayer (in this subsection referred to as a "debt obligation") (c) as consideration for a reduction in the rate of interest payable by the taxpayer on the debt obligation, or (d) as a penalty or bonus payable by the taxpayer because of the repayment by the taxpayer of all or part of the principal amount of the debt obligation before its maturity, the payment shall, to the extent that it can reasonably be considered to relate to, and does not exceed the value at that time of, an amount that, but for the reduction described in paragraph (c) or the repayment described in paragraph (d), would have been paid or payable by the taxpayer as interest on the debt obligation for a taxation year of the taxpayer ending after that time, be deemed, (e) for the purposes of this Act, to have been paid by the taxpayer and received by the person or partnership at that time as interest on the debt obligation, and (f) for the purpose of computing the taxpayer's income in respect of the business or property for the year, to have been paid or payable by the taxpayer in that year as interest pursuant to a legal obligation to pay interest, (i) in the case of a reduction described in paragraph (c), on the debt obligation, and (ii) in the case of a repayment described in paragraph (d), (A) where the repayment was in respect of all or part of the principal amount of the debt obligation that was borrowed money, except to the extent that the borrowed money was used by the taxpayer to acquire property, on borrowed money used in the year for the purpose for which the borrowed money that was repaid was used, and (B) where the repayment was in respect of all or part of the principal amount of the debt obligation that was either borrowed money used to acquire property or an amount payable for property acquired by the taxpayer, on the debt obligation to the extent that the property or property substituted therefor is used by the taxpayer in the year for the purpose of gaining or producing income therefrom or for the purpose of gaining or producing income from a business. ...

Trust 1 will not receive any consideration for the transfer of property to Trust 2 in 11(b) above. 13. ...

Reasons: Substantially the same considerations apply as for an RCA securing its obligations with a letter of credit. ...

This deeming provision enables the payer to obtain a deduction under paragraph 60(b) of the Act, provided the payments otherwise qualify, and ensures that third party payments are taken into consideration in determining the amount the payer may deduct under paragraph 60(b) of the Act. ...