HAVE DECIDED Sample Clauses

HAVE DECIDED. [CHECK AS APPLICABLE]: (a) to make an election pursuant to Section 83(b) of the Code by filing an election form with the appropriate tax authorities within 30 days of the undersigned's purchase under the Agreement, and am submitting to the Company, together with my executed Agreement, three duplicate copies of executed election forms; OR __ (b) not to make an election pursuant to Section 83(b) of the Code. I ACKNOWLEDGE THAT, EVEN IF THE COMPANY FILES, OR ENGAGES ANOTHER PARTY TO FILE, A DUPLICATE SECTION 83(b) ELECTION FORM WITH THE INTERNAL REVENUE SERVICE AS AN ACCOMMODATION TO ME, I HAVE THE PRIMARY RESPONSIBILITY FOR TIMELY FILING ANY SECTION 83(b) ELECTION WITH THE INTERNAL REVENUE SERVICE AND ANY STATE REVENUE AUTHORITIES, AND WILL HOLD THE COMPANY AND ITS AGENTS HARMLESS FROM ANY FAILURE TO TIMELY FILE A DUPLICATE COPY OF THE SECTION 83(b) ELECTION. Date: ______________________ _________________________________ EXHIBIT 7A ELECTION UNDER SECTION 83(b) OF THE INTERNAL REVENUE CODE I hereby elect, under Section 83(b) of the Internal Revenue Code, to include in gross income any excess of the fair market value of the property described in paragraph 2, disregarding any lapse restrictions on that property, over the amount I paid for such property, as described below. 1. My name, address and taxpayer identification number are: Name: _____________________________________ Address: _____________________________________ _____________________________________ _____________________________________ Social Security Number: _____________________________________ 2. The property with respect to which this election is made consists of __________ shares of common stock (the "Shares") of Digital Theater Systems, Inc. (the "Company"). 3. The date on which the Shares were acquired was ______________, 2___, and the taxable year to which this election relates is calendar year ____________.