Tax Characterization. Seller shall treat the Transaction as a derivative financial contract for U.S. federal income tax purposes, and it shall not take any action or tax return filing position contrary to this characterization, except to the extent otherwise required by a “determination” within the meaning of Section 1313 of the Internal Revenue Code of 1986, as amended, or any similar provision of state, local or foreign law.
Appears in 15 contracts
Sources: Otc Equity Prepaid Forward Transaction (Atlantic Coastal Acquisition Corp. II), Otc Equity Prepaid Forward Transaction (Feutune Light Acquisition Corp), Otc Equity Prepaid Forward Transaction (Andretti Acquisition Corp.)
Tax Characterization. Seller shall treat the Transaction as a derivative financial contract for U.S. federal income tax purposes, and it shall not take any action or tax return filing position contrary to this characterization, except to the extent otherwise required by a “determination” within the meaning of Section 1313 of the Internal Revenue Code of 1986, as amended, or any similar provision of state, local or foreign law.. (e)
Appears in 2 contracts
Sources: Otc Equity Prepaid Forward Transaction (AEON Biopharma, Inc.), Otc Equity Prepaid Forward Transaction (Priveterra Acquisition Corp.)
Tax Characterization. Such Seller shall treat the Transaction as a derivative financial contract for U.S. federal income tax purposes, and it shall not take any action or tax return filing position contrary to this characterization, except to the extent otherwise required by a “determination” within the meaning of Section 1313 of the Internal Revenue Code of 1986, as amended, or any similar provision of state, local or foreign law.
Appears in 1 contract
Sources: Otc Equity Prepaid Forward Transaction (Grafiti Holding Inc.)