Common use of Tax Treatment of the Securities Clause in Contracts

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary), for United States federal income tax purposes, (1) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings Inc., 00000 XX 00 Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Attention: Treasurer.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder beneficial owner of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value Fair Market Value of any Common Stock beneficially Shares received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s the Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings Inc.Convergys Corporation, 00000 XX 00 Xxxxx000 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx XX 00000, Attention: Corporate Secretary, with a copy to Convergys Corporation, 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Treasurer.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings VeriSign, Inc., 00000 000 Xxxx Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00 Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Attention: Treasurer, with a copy to VeriSign, Inc., 000 Xxxx Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, XX 00000, Attention: General Counsel.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness Indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings Xilinx, Inc., 00000 XX 00 0000 Xxxxx Xxxxx, XxxxxxxxxxXxx Xxxx, Xxxxxxx XX 00000, Attention: TreasurerCorporate Secretary.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value Fair Market Value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings Inc.Intel Corporation, 00000 XX 00 2000 Xxxxxxx Xxxxxxx Xxxx., X/X XX0-000, Xxxxx Xxxxx, XxxxxxxxxxXX 00000-0000, Attention: Corporate Secretary, with a copy to Intel Corporation, 2000 Xxxxxxx Xxxxxxx Xxxx., X/X XX0-00, Xxxxx Xxxxx, XX 00000-0000, Attention: Treasurer.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value Fair Market Value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the amount of original issue discount, issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings WellPoint, Inc., 00000 XX 00 Xxxxx000 Xxxxxxxx Xxxxxx, XxxxxxxxxxXxxxxxxxxxxx, Xxxxxxx 00000, Attention: TreasurerInvestor Relations.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder or other beneficial owner of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value Fair Market Value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and Securities, (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s or beneficial owner’s Securities and in determining adjustments thereto, (d) to treat the exchange of the Securities for the Existing Securities as a significant modification of the Existing Securities and (e) to treat such exchange as a recapitalization. A Holder of Securities may obtain the issue pricedate, issue dateprice, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings American Medical Systems Holdings, Inc., 00000 XX 00 XxxxxXxxx Xxxx Xxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxx 00000, Attention: Treasurer.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings Inc.Microchip Technology Incorporated, 00000 XX 00 Xxxxx0000 X. Xxxxxxxx Blvd., XxxxxxxxxxChandler, Xxxxxxx 00000AZ 85224, Attention: TreasurerChief Financial Officer.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value Fair Market Value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings American Medical Systems Holdings, Inc., 00000 XX 00 XxxxxXxxx Xxxx Xxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxx 00000, Attention: TreasurerChief Financial Officer.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary), for United States federal income tax purposes, (1) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings OSI Pharmaceuticals, Inc., 00000 40 Xxxxxxxx Xxxx, Xxxxxxxx, XX 00 Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, Attention: TreasurerChief Financial Officer.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Xxxxxx Xxxxxx Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value Fair Market Value of any Common Stock beneficially received by a Holder upon any conversion of the Securities as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings Inc.Intel Corporation, 00000 XX 00 0000 Xxxxxxx Xxxxxxx Xxxx., X/X XX0-000, Xxxxx Xxxxx, XxxxxxxxxxXX 00000-0000, Attention: Corporate Secretary, with a copy to Intel Corporation, 0000 Xxxxxxx Xxxxxxx Xxxx., X/X XX0-00, Xxxxx Xxxxx, XX 00000-0000, Attention: Treasurer.

Tax Treatment of the Securities. The Company agrees, and by acceptance of a beneficial ownership interest in the Securities each Holder of Securities will be deemed to have agreed (in the absence of an administrative pronouncement or judicial ruling to the contrary)agreed, for United States federal income tax purposes, (1a) to treat the Securities as indebtedness of the Company subject to United States Treasury regulations section 1.1275-4 (the “Contingent Debt Regulations”) and, for purposes of the Contingent Debt Regulations, to treat cash and the fair market value of any Common Stock beneficially received by a Holder upon any conversion of the Securities pursuant to Section 8.02 as a contingent payment, (2b) to be bound by the Company’s application of the Contingent Debt Regulations, including the Company’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Securities and (3c) to use such “comparable yield” and “projected payment schedule” in determining interest Interest accruals with respect to such Holder’s Securities and in determining adjustments thereto. A Holder of Securities may obtain the issue price, issue dateIssue Date, yield to maturity, comparable yield and the projected payment schedule by submitting a written request for such information to: Lincare Holdings Novellus Systems, Inc., 00000 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00 Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, . Attention: Corporate Treasurer.