INDEBTEDNESS TREATMENT. This Amended and Restated Indenture and the Notes have been structured with the intention that the Notes will qualify under applicable tax law as indebtedness. Each Noteholder agrees to treat the Notes for purposes of federal, state and local income or franchise taxes (and any other tax imposed on or measured by income) as indebtedness and to cause any Person acquiring an interest in a Note by, through or under it to acknowledge the characterization of the Notes as indebtedness and to agree to treat the Notes as indebtedness for such tax purposes.
Appears in 4 contracts
Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
INDEBTEDNESS TREATMENT. This Amended and Restated Indenture and the Notes have been structured with the intention that the Notes will qualify under applicable tax law as indebtedness. Each Noteholder agrees to treat the Notes for purposes of federal, state and local income or franchise taxes (and any other tax imposed on or measured by income) as indebtedness and to cause any Person acquiring an interest in a Note by, through or under it to acknowledge the characterization of the Notes as indebtedness and to agree to treat the Notes as indebtedness for such tax purposes.
Appears in 4 contracts
Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
INDEBTEDNESS TREATMENT. This Amended and Restated Indenture and the Notes have been structured with the intention that the Notes will qualify under applicable tax law as indebtedness. Each The Issuer, the Trustee and each Noteholder agrees to treat the Notes for purposes of federal, state and local income or franchise taxes (and any other tax imposed on or measured by income) as indebtedness and to cause any Person acquiring an interest in a Note by, through or under it to acknowledge the characterization of the Notes as indebtedness and to agree to treat the Notes as indebtedness for such tax purposes.
Appears in 1 contract
Samples: Indenture (KMC Telecom Holdings Inc)