Financial Accounting Positions; Tax Reporting. Each of the parties hereto agrees to take reporting and other positions with respect to the Securities which are consistent with the purchase price of the Securities set forth herein for all financial accounting purposes, unless otherwise required by applicable GAAP or Commission rules (in which case the parties agree only to take positions inconsistent with the purchase price of the Securities set forth herein provided that the Purchasers have consented thereto, which consent shall not be unreasonably withheld). Each of the parties to this Agreement agrees to take reporting and other positions with respect to the Securities which are consistent with the purchase price of the Securities set forth herein for all other purposes, including without limitation, for all Federal, state and local tax purposes.
Financial Accounting Positions; Tax Reporting. Each of the parties hereto agrees to take reporting and other positions with respect to the Securities which are consistent with the purchase price of the Securities set forth in the Prior Securities Purchase Agreements and herein for all financial accounting purposes, unless otherwise required by applicable GAAP or Commission rules. If any position inconsistent with the purchase price of the Securities set forth herein is taken, the covenants shall be adjusted to the extent necessary to eliminate any impact caused by such inconsistent position. Each of the parties to this Agreement agrees to take reporting and other positions with respect to the Securities which are consistent with the purchase price of the Securities set forth in the Prior Securities Purchase Agreements, and herein for all other purposes, including for all federal, state and local tax purposes, except as otherwise required by Applicable Law.
Financial Accounting Positions; Tax Reporting. Each of the parties hereto agrees to take reporting and other positions with respect to the Securities which are consistent with the purchase price of the Securities set forth herein for all financial accounting purposes, unless otherwise required by applicable GAAP or Commission rules (in which case the parties agree only to take positions inconsistent with the purchase price of the Securities set forth herein provided that the Purchaser has consented thereto, which consent shall not be unreasonably withheld). If any position inconsistent with the purchase price of the Securities set forth herein is taken, the covenants shall be adjusted to the extent necessary to eliminate any impact caused by such inconsistent position. Each of the parties to this Agreement agrees to take reporting and other positions with respect to the Securities which are consistent with the purchase price of the Securities set forth herein for all other purposes, including for all federal, state and local tax purposes, except as otherwise required by Applicable Law.
Financial Accounting Positions; Tax Reporting. Each of the parties hereto agrees to take reporting and other positions with respect to the Loans which are consistent with the purchase price of the Loans set forth herein for all financial accounting purposes, unless otherwise required by applicable GAAP, Commission rules or other Requirements of Laws.
Financial Accounting Positions; Tax Reporting. Each of the parties hereto agrees to take reporting and other positions with respect to the Warrant that are consistent with the purchase price of the Warrant set forth herein for all financial accounting purposes, unless otherwise required by applicable GAAP or Commission rules (in which case the parties agree not to take positions inconsistent with the purchase price of the Warrant set forth herein unless the Purchaser has consented thereto). Each of the parties to this Agreement agrees to take reporting and other positions with respect to the Warrant that are consistent with the purchase price of the Warrant set forth herein for all other purposes, including, without limitation, for all federal, state and local tax purposes.
Financial Accounting Positions; Tax Reporting. (a) Each of the parties hereto agrees to take reporting and other positions with respect to the Securities which are consistent with the consideration for the Securities set forth herein for all financial accounting purposes, unless otherwise required by applicable GAAP or Commission rules (in which case the parties agree only to take positions inconsistent with the consideration of the Securities set forth herein provided that the Purchasers have consented thereto, which consent shall not be unreasonably withheld).
Financial Accounting Positions; Tax Reporting. Each of the parties hereto agrees to take reporting and other positions with respect to the Notes and Warrants that are consistent with the purchase price of the Notes and Warrants set forth herein for all financial accounting purposes, unless otherwise required by applicable GAAP or SEC rules. Each of the parties to this Agreement agrees to take reporting and other positions with respect to the Notes and Warrants that are consistent with the purchase price of the Notes and Warrants set forth herein for all other purposes, including, without limitation, for all federal, state and local tax purposes.
Financial Accounting Positions; Tax Reporting. The parties agree that the purchase price of the Securities set forth herein reflects their relative fair market values. Accordingly, each of the parties to this Agreement agrees to take reporting and other positions with respect to the Securities which are consistent with the purchase price of the Securities set forth herein for all purposes, including without limitation, for all financial accounting purposes and for all federal, state and local tax purposes. The Company will indemnify and hold KPP harmless from and against any and all losses, liabilities and expenses, including without limitation, reasonable attorneys' fees and additional income taxes, interest, penalties and additional tax that may be incurred by KPP (or any of its equity holders) as a result of the failure of the Company to so report and take other positions consistent with the purchase price of the Securities set forth herein.
Financial Accounting Positions; Tax Reporting. Each of the parties hereto agrees to take reporting and other positions with respect to the Preferred Shares which are consistent with the purchase price of the Preferred Shares set forth herein for all financial accounting purposes, unless otherwise required by applicable GAAP or Commission rules (in which case the parties agree only to take positions inconsistent with the purchase price of the Preferred Shares set forth herein provided that the Purchasers have consented thereto, which consent shall not be unreasonably withheld). Each of the parties to this Agreement agrees to take reporting and other positions with respect to the Preferred Shares which are consistent with the purchase price of the Preferred Shares set forth herein for all other purposes, including without limitation, for all federal, state and local tax purposes.
Financial Accounting Positions; Tax Reporting. Each of the --------------------------------------------- parties hereto agrees to take reporting and other positions with respect to the WSDF Note and the Purchased Shares which is consistent with the purchase price of the WSDF Note and the Purchased Shares set forth herein for all financial accounting purposes, unless otherwise required by applicable GAAP or Commission rules (in which case the parties agree only to take positions inconsistent with the purchase price of the WSDF Note and the Purchased Shares set forth herein provided that the Purchaser has consented thereto, which consent shall not be unreasonably withheld). Each of the parties to this Agreement agrees to take reporting and other positions with respect to the WSDF Note and the Purchased Shares which is consistent with the purchase price of the WSDF Note and the Purchased Shares set forth herein for all other purposes, including without limitation, for all federal, state and local tax purposes.
