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We understand that to the best of your knowledge and that of XXXXXXXXXX, none of the issues contained herein: (a) is in an earlier return of XXXXXXXXXX or a related person; (b) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of XXXXXXXXXX or a related person; (c) is under objection by XXXXXXXXXX or a related person; (d) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (e) is the subject of a ruling previously issued by the Income Tax Rulings and Interpretations Directorate of Revenue Canada, DEFINITIONS In this letter unless otherwise expressly stated: (a) "Act" means the Income Tax Act, R.S.C. 1985 (5th Supp.) c.1, as amended to the date hereof, and unless otherwise stated, every reference herein to a part, section, subsection, paragraph or subparagraph is a reference to the relevant provision of the Act; (b) "ACB" means "adjusted cost base" and has the meaning assigned by section 54; (c) "capital property" has the meaning assigned by section 54; (d) "fiscal period" has the meaning assigned by subsection 249.1(1); (e) XXXXXXXXXX; (f) "paid-up capital" has the meaning assigned by subsection 89(1); (g) "proceeds of disposition" has the meaning assigned by section 54; (h) "public corporation" has the meaning assigned by subsection 89(1); (i) "short-term preferred share" has the meaning assigned by subsection 248(1); (j) "taxable Canadian corporation" has the meaning assigned by subsection 89(1); (k) "taxable dividend" has the meaning assigned by subsection 89(1); and (l) "taxable preferred share" has the meaning assigned by subsection 248(1). ...

We understand that to the best of your knowledge and that of the taxpayers involved none of the issues involved in this ruling are being considered by a Tax Services Office or a Taxation Centre in connection with any tax return already filed, and none of the issues involved in the requested rulings is the subject of any notice of objection or is under appeal. ...

You have confirmed that to the best of your knowledge and that of XXXXXXXXXX none of the issues contained herein: (a) is in an earlier return of XXXXXXXXXX or a related person; (b) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of XXXXXXXXXX or a related person; (c) is under objection by XXXXXXXXXX or a related person; (d) is before the courts or, if a judgement has been issued, the time limit for appeal to a higher court has not expired; or (e) is the subject of a ruling previously issued by the Income Tax Rulings and Interpretations Directorate of Revenue Canada. ...

We understand that to the best of your knowledge and that of the above-noted taxpayer, none of the issues involved in this advance income tax ruling are: (a) in an earlier return of the taxpayer or a related person; (b) being considered by a tax services office or tax centre in connection with a previously filed tax return of the taxpayer or a related person; (c) under objection by the taxpayer or a related person; (d) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (e) the subject of a ruling previously issued by the Directorate. ...

We understand that, to the best of your knowledge and that of the taxpayer involved, none of the issues involved in the Ruling request is: (a) in an earlier return of the taxpayer or a related person; (b) being considered by a Tax Services Office or Taxation Center in connection with a previously filed tax return of the taxpayer or a related person; (c) under objection by the taxpayer or a related person; (d) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (e) the subject of a Ruling previously issued by the Directorate. ...

We understand that, to the best of your knowledge and that of the taxpayer involved, none of the issues involved in the Ruling request is: (a) in an earlier return of the taxpayer or a related person; (b) being considered by a Tax Services Office or Taxation Center in connection with a previously filed tax return of the taxpayer or a related person; (c) under objection by the taxpayer or a related person; (d) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (e) the subject of a Ruling previously issued by the Directorate. ...

We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in the Ruling request is: (a) in an earlier return of the taxpayer or a related person; (b) being considered by a Tax Services Office or Taxation Center in connection with a previously filed tax return of the taxpayer or a related person; (c) under objection by the taxpayer or a related person; (d) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (e) the subject of a Ruling previously issued by the Directorate. ...

We understand that to the best of your knowledge, and that of the taxpayer involved, none of the issues involved in this ruling request is: (i) in a previously filed tax return of the taxpayer or a person related to the taxpayer; (ii) being considered by a tax services office or a taxation centre in connection with a previously filed return of the above-referred taxpayer or a related person to the taxpayer; (iii) under objection by the above-referred taxpayer or a related person to the taxpayer; (iv) the subject of a current or completed court process involving the taxpayer or a person related to the taxpayer; or (v) the subject of an advance income ruling previously issued by the Income Tax Rulings Directorate. ...

We understand that to the best of your knowledge and that of the responsible officers of the parties, none of the proposed transactions or issues involved in this letter are the same as or substantially similar to transactions or issues that are in a previously filed return of the taxpayer or a related person and are: (a) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person; (b) under objection by the taxpayer or a related person; (c) the subject of a current or completed court process involving the taxpayer or a related person; or (d) the subject of a ruling previously issued by the Income Tax Rulings Directorate in relation to the taxpayer or a related person. ...

For greater certainty, for purposes of determining the gross FMV of the property of DC described in Paragraph 50: (i) any tax accounts, such as any non-capital loss, net capital loss, the balance of any RDTOH, CDA or GRIP of DC, will not be considered property for purposes of the definition of “distribution” in subsection 55(1); and (ii) no liabilities of DC will be allocated to, and deducted in, the calculation of the gross FMV of each type of property of DC. ... For greater certainty, on the winding-up, liquidation or dissolution of DC: (a) each Newco Note will be considered to be distributed to the respective Newco in respect of the DC Class A Preference Shares owned by that Newco to the extent of the aggregate redemption amount of that Newco’s DC Class A Preference Shares. ... Each Amalgamation described in Paragraph 68 will be considered an amalgamation within the meaning of that term in subsection 87(1). ...