INSTALLMENT SALE TREATMENT. If Louisiana-Pacific makes the election pursuant to Section 2.7, Louisiana-Pacific shall have determined in the exercise of its reasonable judgment that the sale of the Note Assets will qualify for tax deferred installment treatment as provided by Section 453 of the Code and would not be subject to the provisions of Section 453A of the Code.
INSTALLMENT SALE TREATMENT. The Parties agree that the Milestone Payments, including any Milestone Payments paid in Shares, shall be treated in accordance with Law, including, for the avoidance of doubt, as deferred contingent purchase price eligible for installment sale treatment under Section 453 of the Code and any corresponding provision of state, foreign or other applicable tax Laws. Any portion of the Milestone Payments received in Shares shall be treated as an amount of the Purchase Price equal to the fair market value of the Shares on the date of receipt. If and to the extent that any Milestone Payments are made, interest may be imputed on such amounts as required by Section 483 or 1274 of the Code. The Parties and their affiliates shall file all applicable Tax Returns consistent with the foregoing, and shall not take any contrary position in any Tax Return except to the extent required by applicable Laws.
INSTALLMENT SALE TREATMENT. The transactions contemplated by this Agreement will be reported as an installment sale under Section 453 of the Code where applicable. Accordingly, pursuant to Rev. Rul. 68-13, 1968-1 C.B. 195, Sub and Seller agree that the Acquisition Consideration paid to the Seller at Closing shall be applied to the Acquired Assets in the following manner (to the extent of fair market value); first to Accounts Receivable and Work in Process; second to Tangible Fixed Assets; third to Books and Records; fourth to Prepaid Expenses; fifth to Intangible Property and Contract Rights. The Acquisition Consideration placed in escrow shall be applied to any residual assets not previously accounted for provided that those assets qualify for installment sale treatment under Section 453 of the Code.
INSTALLMENT SALE TREATMENT. Notwithstanding anything herein contained to the contrary other than the provisions of Section 6.1 (it being agreed that Section 6.1 shall prevail over this Section 6.5 in the event of a conflict), the Parties acknowledge and agree that this transaction will be treated for tax purposes by all the Parties as an installment sale with respect to the Purchase Price Shares delivered to the Escrow Agent pursuant to Section 1.2(b)(i) which, under the Escrow Agreement, will be disbursed to the Stockholders within five business days of August 25, 1999 and within five business days of August 25, 2000, all subject to the terms and conditions of the Escrow Agreement.
INSTALLMENT SALE TREATMENT. The Parties agree that the issuance of any Milestone Stock to the Sellers pursuant to this Section 3.05 shall be treated in accordance with Law, including, for the avoidance of doubt, as deferred contingent purchase price eligible for installment sale treatment under Section 453 of the Code and any corresponding provision of state, foreign or other applicable Tax Laws. Any payment of the Milestone Stock to the Sellers shall be treated as an amount of the purchase price equal to the fair market value of the Milestone Stock on the date of receipt. If and to the extent that any issuance of the Milestone Stock is made, interest may be imputed on such amounts as required by Section 483 or 1274 of the Code (or other applicable Tax Laws). The Parties and their Affiliates shall file all applicable Tax Returns consistent with the foregoing, and shall not take any contrary position in any Tax Return except to the extent required by applicable Laws.
