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In the event of any failure of a limited partner to comply with such notice, or in the event that the general partner otherwise determines that a person has become a holder or beneficial owner of units in contravention of the residency restrictions, the general partner by written notice to the holder of such units (an "Affected Holder") will require the Affected Holder to sell such units to a person who does not contravene the residency provisions. ...

Provided that the terms and conditions of the Second Trust are as described in Paragraph 28 and the Second Trust Trustees do not contravene them, subsections 74.1(2) and 74.3(1) will not apply in respect of the settlement of the Second Trust as described in Paragraph 28. ...

Notwithstanding the foregoing, if any provision of the Plan contravenes any applicable laws or regulations or any rules, regulations, by-laws or policies of any regulatory authority or stock exchange having jurisdiction or authority over the Parent, a Participating Company, or the Plan (including the Trust), then the Committee may amend such provision, retroactively or prospectively, to the extent required to bring such provision into compliance therewith. ...

Answer by the Department of Revenue It appears to us that, by proceeding with the series of proposed transactions, the taxpayer would contravene the provisions of subsection 245(2) of the Act. ...

Subsection 55(2), however, does not require that a subsidiary that has income earned or realized in respect of the shareholder of the parent pay that amount as a dividend to the parent in order that a dividend paid by the parent not contravene the subsection. ...