Common use of No Original Issue Discount Clause in Contracts

No Original Issue Discount. Borrower and Lender hereby acknowledge and agree that the Warrants (the “Warrants”) to purchase stock transferred to Lender under the Warrants to purchase stock is part of an investment unit within the meaning of Section 1273(c)(2) of the Internal Revenue Code which includes the Loans. Borrower and Lender further agree as between Borrower and Lender, that the fair market value of the Warrants is equal to US$100 and that, pursuant to Treas. Reg. § 1.1273-2(h), US$100 of the issue price of the investment unit will be allocable to the Warrants and the balance shall be allocable to the Loans. Borrower and Lender agree to prepare their federal income tax returns in a manner consistent with the foregoing agreement and, pursuant to Treas. Reg. § 1.1273, the original issue discount on the Loans shall be considered to be zero.

No Original Issue Discount. Borrower and Lender Bank hereby acknowledge and agree that the Warrants warrant (the “Warrants”"Warrant") to purchase stock transferred to Lender Bank under the Warrants Warrant to purchase stock Purchase Stock is part of an investment unit within the meaning of Section 1273(c)(2) of the Internal Revenue Code which includes the Loans. Borrower and Lender Bank further agree as between Borrower and LenderBank, that the fair market value of the Warrants Warrant is equal to US$100 1,000.00 and that, pursuant to Treas. Reg. § (S) 1.1273-2(h), . US$100 1,000.00 of the issue price of the investment unit will be allocable to the Warrants Warrant and the balance shall be allocable to the Loans. Borrower and Lender Bank agree to prepare their federal income tax returns in a manner consistent with the foregoing agreement andagreement, pursuant to Treas. Reg. § (S) 1.1273, the original issue discount on the Loans shall be considered to be zero.

No Original Issue Discount. Borrower and Lender hereby acknowledge and agree that the Warrants warrant (the “WarrantsWarrant”) to purchase stock transferred to Lender under the Warrants Warrant to purchase stock is part of an investment unit within the meaning of Section 1273(c)(2) of the Internal Revenue Code which includes the Loans. Borrower and Lender further agree as between Borrower and Lender, that the fair market value of the Warrants Warrant is equal to US$100 100.00 and that, pursuant to Treas. Reg. § 1.1273-2(h), US$100 100.00 of the issue price of the investment unit will be allocable to the Warrants Warrant and the balance shall be allocable to the Loans. Borrower and Lender agree to prepare their federal income tax returns in a manner consistent with the foregoing agreement and, pursuant to Treas. Reg. § 1.1273, the original issue discount on the Loans shall be considered to be zero.

No Original Issue Discount. Borrower and Lender Bank hereby acknowledge and agree that the Warrants Warrant to Purchase Stock (the “Warrants”"Warrant") to purchase stock transferred to Lender under the Warrants to purchase stock Bank in connection herewith is part of an investment unit within the meaning of Section 1273(c)(2) of the Internal Revenue Code which includes the Loans. Borrower and Lender Bank further agree as between Borrower and LenderBank, that the fair market value of the Warrants Warrant is equal to [US$100 500] and that, pursuant to Treas. Reg. § 1.1273-(S) 1.1273- 2(h), [US$100 500] of the issue price of the investment unit will be allocable to the Warrants Warrant and the balance shall be allocable to the Loans. Borrower and Lender Bank agree to prepare their federal income tax returns in a manner consistent with the foregoing agreement and, pursuant to Treas. Reg. § (S) 1.1273, . the original issue discount on the Loans shall be considered to be zero.

No Original Issue Discount. Borrower and Lender hereby acknowledge and agree that the Warrants warrant (the “Warrants”"Warrant") to purchase stock transferred to Lender under the Warrants Warrant to purchase stock is part of an investment unit within the meaning of Section 1273(c)(2) of the Internal Revenue Code which includes the Loans. Borrower and Lender further agree as between Borrower and Lender, that the fair market value of the Warrants Warrant is equal to US$100 and that, pursuant to Treas. Reg. § 1.1273Section l.1273-2(h), US$100 of the issue price of the investment unit will be allocable to the Warrants Warrant and the balance shall be allocable to the Loans. Borrower and Lender agree to prepare their federal income tax returns in a manner consistent with the foregoing agreement and, pursuant to Treas. Reg. § Section 1.1273, the original issue discount on the Loans shall be considered to be zero.

No Original Issue Discount. Borrower and Lender hereby acknowledge and agree that the Warrants warrant (the “Warrants”"Warrant") to purchase stock transferred to Lender under the Warrants Warrant to purchase stock is part of an investment unit within the meaning of Section 1273(c)(2) of the Internal Revenue Code which includes the Loans. Borrower and Lender further agree as between Borrower and Lender, that the fair market value of the Warrants Warrant is equal to US$100 and that, pursuant to Treas. Reg. § Section 1.1273-2(h), US$100 of the issue price of the investment unit will be allocable to the Warrants Warrant and the balance shall be allocable to the Loans. Borrower and Lender agree to prepare their federal income tax returns in a manner consistent with the foregoing agreement and, pursuant to Treas. Reg. § Section 1.1273, the original issue discount on the Loans shall be considered to be zero.

No Original Issue Discount. Borrower and Lender hereby acknowledge and agree that the Warrants warrants (the “Warrants”) to purchase stock transferred to Lender under the Warrants to purchase stock is part of an investment unit within the meaning of Section 1273(c)(2) of the Internal Revenue Code which includes the Loans. Borrower and Lender further agree as between Borrower and Lender, that the fair market value of the Warrants is equal to US$100 and that, pursuant to Treas. Reg. § 1.1273-2(h), US$100 of the issue price of the investment unit will be allocable to the Warrants and the balance shall be allocable to the Loans. Borrower and Lender agree to prepare their federal income tax returns in a manner consistent with the foregoing agreement and, pursuant to Treas. Reg. § 1.1273, the original issue discount on the Loans shall be considered to be zero.