Tax Related Covenants. Absent a change in Law or Internal Revenue Service practice or a contrary determination (as defined in Section 1313(a) of the Code) the Investor and the Company agree not to treat the Preferred Shares as “preferred stock” within the meaning of Section 305 of the Code and Treasury Regulation Section 1.305 -5 for United States federal income Tax reporting and withholding Tax purposes and shall not take any Tax position inconsistent with such treatment.
Appears in 1 contract
Samples: Securities Purchase Agreement (Accretive Health, Inc.)
Tax Related Covenants. Absent a change in Law or Internal Revenue Service practice or a contrary determination (as defined in Section 1313(a) of the Code) the Investor Investors and the Company agree not to treat the Preferred Shares as “preferred stock” within the meaning of Section 305 of the Code and Treasury Regulation Section 1.305 -5 for United States federal income Tax tax reporting and withholding Tax tax purposes and shall not take any Tax tax position inconsistent with such treatment.
Appears in 1 contract
Samples: Office Depot Inc
Tax Related Covenants. Absent a change in Law or Internal Revenue Service practice after the date hereof or a contrary determination (as defined in Section 1313(a) of the Code) the Investor and the Company agree (a) not to treat the Series A Preferred Shares Stock as “preferred stock” within the meaning of Section 305 of the Code and Treasury Regulation Section 1.305 -5 1.305-5 for United States federal income Tax tax reporting and withholding Tax purposes tax purposes, and shall (b) not take any Tax tax position inconsistent with such treatmentthis Section 8.6 (including on any IRS Forms 1099 to the extent required).
Appears in 1 contract
Samples: Registration Rights Agreement (Surgery Partners, Inc.)
Tax Related Covenants. Absent a change in Law or Internal Revenue Service practice or a contrary determination (as defined in Section 1313(a) of the Code) the Investor and the Company agree not to treat the Series A Preferred Shares Stock as “preferred stock” within the meaning of Section 305 of the Code and Treasury Regulation Section 1.305 -5 1.305-5 for United States federal income Tax tax reporting and withholding Tax tax purposes and shall not take any Tax tax position inconsistent with such treatment.
Appears in 1 contract
