Contingent Payment Debt Instrument Status Sample Clauses

Contingent Payment Debt Instrument Status. (a) The Issuer intends that, for U.S. federal income tax purposes, the Notes will be treated as indebtedness subject to the U.S. Treasury Regulations governing contingent payment debt instruments, and (b) the Issuer shall report to the Trustee annually and upon request, as needed, the information for the Notes that would otherwise be required to complete an IRS Form 8281 for the Notes for that calendar year, and upon request, as needed, including the amount of each of interest accrued and original issue discount in an amount per $1,000 principal amount of the Notes in accordance with the Issuer’s determination of both the “comparable yield” and “projected payment schedule” for the Notes. The Trustee agrees to file with the IRS and provide to each holder of the Notes an IRS Form 1099-OID reflecting the information provided by the Issuer for each calendar year. The “comparable yield” and “projected payment schedule” for the Notes may be obtained by contacting the Issuer at the address set forth in Section 12.5. The Issuer shall provide the Trustee with the information described in clause (b) above no later than the end of each calendar year and promptly upon request and such other specific information as may then be relevant under the Code. The Trustee shall be entitled to rely on the calculations and reports provided by the Issuer under this Section 2.17 and shall have no duty to verify or otherwise inquire as to the accuracy or the compliance of such information with applicable laws, rules and regulations.

Contingent Payment Debt Instrument Status. Each Holder, by reason of its purchase of the Notes, agrees (a) to treat the Notes as indebtedness subject to the U.S. Treasury Regulations governing contingent payment debt instruments, (b) to report original issue discount and interest on the Notes in accordance with the Company’s determination of both the “comparable yield” and “projected payment schedule” for the Notes and (c) to be bound by the Company’s application of the U.S. Treasury Regulations that govern contingent payment debt instruments. For this purpose, the “comparable yield” and “projected payment schedule” for the Notes may be obtained by contacting the Company at the address set forth in Section 15.02 hereof.

Contingent Payment Debt Instrument Status. Each Holder, by its acceptance of a Bond, agrees (i) that for U.S. federal income tax purposes, the Bonds will be treated as indebtedness subject to the U.S. Treasury regulations governing contingent payment debt instruments, (ii) that the Holders will report original issue discount and interest on the Bonds in accordance with the Company’s determination of both the “comparable yield” and the “projected payment schedule,” and (iii) that the Holders will be bound by the Company’s application of the U.S. Treasury regulations that govern contingent payment debt instruments. For this purpose, the “comparable yield” for the Bonds and the “projected payment schedule” may be obtained by contacting the Company at the address set forth in Section 10.02.

Contingent Payment Debt Instrument Status. Each Holder, by reason of its purchase of the Securities, is deemed to have acknowledged that (a) for U.S. federal income tax purposes, the Securities will be treated as indebtedness subject to the U.S. Treasury Regulations governing contingent payment debt instruments and (b) the Holders will report original issue discount on the Securities for U.S. federal income tax purposes in accordance with the Issuer’s determination, which shall account for any original issue discount on the aggregate principal amount of $224,000,000 separately from any original issue discount on any increases in principal pursuant to Section 2.01(b) and Section 2.01(c) hereof. For this purpose, original issue discount information for the Securities may be obtained by contacting the Issuer at the address set forth in Section 12.01.