Treatment of the Preferred Stock. The Company covenants and agrees that (i) so long as federal income tax laws prohibit a deduction for distributions made by the Company with respect to preferred stock, it shall treat all distributions paid by it on the Preferred Stock as non-deductible dividends on all of its tax returns and (ii) it shall treat the Preferred Stock as preferred stock in all of its financial statements and other reports and shall treat all distributions paid by it on the Preferred Stock as dividends on preferred stock in such statements and reports.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Rural Cellular Corp), Purchase Agreement (Desa Holdings Corp), Preferred Stock Purchase Agreement (Madison Dearborn Capital Partners Iii Lp)
Treatment of the Preferred Stock. The Company covenants and agrees that (i) so long as federal income tax laws prohibit a deduction for distributions made by the Company with respect to preferred stock, it shall treat all distributions paid by it on the any Preferred Stock Shares as non-deductible nondeductible dividends on all of its tax returns and Tax returns, (ii) it shall treat the Preferred Stock Shares as preferred stock in all of its financial statements and other reports and shall treat all distributions paid by it on the Investor Preferred Stock Shares as dividends on preferred stock in such statements and reports.
Appears in 1 contract
Samples: Stock Purchase and Contribution Agreement (Komag Inc /De/)
Treatment of the Preferred Stock. The Company covenants and agrees that (i) so long as federal income tax laws Laws prohibit a deduction for distributions made by the Company with respect to preferred stock, it shall treat all distributions paid by it on the Preferred Stock as non-deductible dividends nondeductible distributions on all of its tax returns and (ii) it shall treat the Preferred Stock as preferred stock in all of its financial statements and other reports and shall treat all distributions paid by it on the Preferred Stock as dividends on preferred stock in such statements and reports.
Appears in 1 contract
Samples: Stock Purchase and Recapitalization Agreement (optionsXpress Holdings, Inc.)
Treatment of the Preferred Stock. The Company covenants and agrees that (i) so long as federal income tax laws prohibit a deduction for distributions made by the Company with respect to preferred stock, stock (a) it shall treat all distributions paid by it on the Preferred Stock as non-deductible dividends on all of its tax returns and (iib) it shall treat the Preferred Stock as preferred stock in all of its financial statements and other reports and shall treat all distributions paid by it on the Preferred Stock as dividends on preferred stock in such statements and reports.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (First Interstate Bancsystem of Montana Inc)
