Tax Provision. The Company and Purchaser intend that for U.S. federal, state and local income tax purposes, the Purchased Securities will be treated as equity and each of the Company and Purchaser agrees that it will not take any position to the contrary with respect to any Purchased Securities it acquires pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Series J Subscription Agreement (Lighting Science Group Corp), Subscription Agreement (Lighting Science Group Corp)
Tax Provision. The Company and each Purchaser intend that for U.S. federal, state and local income tax purposes, the Purchased Securities will be treated as equity and each of the Company and each Purchaser agrees that it will not take any position to the contrary with respect to any Purchased Securities it acquires pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement (Lighting Science Group Corp), Series J Subscription Agreement (Lighting Science Group Corp)
Tax Provision. The Company and Purchaser intend that for U.S. federal, state and local income tax purposes, the Purchased Securities and, if issued, the Contingent Securities, will be treated as equity and each of the Company and Purchaser agrees that it will not take any position to the contrary with respect to any Purchased Securities or Contingent Securities it acquires pursuant to the terms of this Agreement.
Appears in 1 contract
Samples: Series J Subscription Agreement (Lighting Science Group Corp)