This excerpt taken from the ROC 10-Q filed Aug 6, 2008.
(a) Each Obligor shall (and the Company shall ensure that each other member of the Group will) pay all material Taxes required to be paid by it within the time period allowed for payment without incurring any material penalties for non-payment.
(b) Paragraph (a) above does not apply to any Taxes:
(i) being contested by the relevant member of the Group in good faith and in accordance with the relevant procedures;
(ii) for which adequate reserves are being maintained in accordance with, and to the extent required by, GAAP; and
(iii) where payment can be lawfully withheld and will not result in the imposition of any penalty nor in any Security ranking in priority to the claims of any Finance Party under any Finance Document or to any Security created under any Security Document.
(c) No member of the Group may change its residence for Tax purposes.
This excerpt taken from the ROC 8-K filed Jan 7, 2008.
(a) The Transferred Companies have timely filed, or have had filed on their behalf, all Tax Returns which are required to be filed by them, and all such Tax Returns are true, correct and complete in all material respects.