Procedure and Compliance. As of the date hereof (i) no written agreement waiving or extending, or having the effect of waiving or extending, the statute of limitations or the period of assessment or collection of any material Taxes, in each case, currently in effect, Seller in connection with the operation of the Business, and no written power of attorney with respect to any such Taxes has been filed or entered into with any Governmental Authority, (ii) no material Taxes of Seller in connection with the operation of the Business are under audit, examination or investigation by any Governmental Authority and (iii) no Governmental Authority has asserted in writing any deficiency, adjustment or claim with respect to material Taxes against Seller in connection with the operation of the Business with respect to any taxable period for which the period of assessment or collection remains open.
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Sources: Securities Purchase Agreement (Nucor Corp), Securities Purchase Agreement (Cornerstone Building Brands, Inc.)
Procedure and Compliance. As of the date hereof hereof: (i) no written agreement waiving or extending, or having the effect of waiving or extending, the statute of limitations or the period of assessment or collection of any material Taxes, in each case, currently in effect, Seller in connection with the operation of the BusinessTransferred Entities, and no written power of attorney with respect to any such Taxes has been filed or entered into with any Governmental Authority, ; (ii) no material Taxes of Seller in connection with the operation of the Business Transferred Entities are under audit, examination or investigation by any Governmental Authority and (iii) no Governmental Authority has asserted in writing any deficiency, adjustment or claim with respect to material Taxes against Seller in connection with the operation of the Business Transferred Entities with respect to any taxable period for which the period of assessment or collection remains open.
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