Tax Consistency. The Company and the Investors confirm that the Series A Preferred Shares are intended to be "common stock" for purposes of the Code and agree not to take voluntarily any action inconsistent with such intention.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Morgan Stanley Dean Witter & Co), Securities Purchase Agreement (Symix Systems Inc), Securities Purchase Agreement (Fallen Angel Equity Fund Lp /Ny)
Tax Consistency. The Company and the Investors Purchaser confirm that the Series A Preferred Shares are Stock is intended to be "common stock" for purposes of Section 305 of the Code and agree not to take voluntarily any voluntary action inconsistent with such intention.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Bti Telecom Corp)
