Common use of Unrelated Business Taxable Income Clause in Contracts

Unrelated Business Taxable Income. Any gross income derived by the Purchasers from the Company shall be in the form of dividends, interest, capital gains and losses from the disposition of property, rents and royalties, but only such rents and royalties as are excluded pursuant to Code Sections 512(b)(2) and 512(b)(3), respectively, in calculating unrelated business taxable income and only such dividends, interest, capital gains and losses, and rents and royalties that are not included under Section 512(b)(4) of the Code in calculating unrelated business taxable income. This Section 3.13 shall not be deemed to apply to (i) any compensation (in cash, stock or other form) received by designees of the Purchasers in their capacities as directors of the Company that is transferred to the Purchasers, or (ii) any income included under Section 512(b)(4) of the Code as a result of acquisition indebtedness incurred by any Purchaser in connection with the purchase of an interest in the Company, or (iii) any income derived by the Purchasers from the Company with respect to which the Purchasers have expressly waived in writing the application of the provision of this Section 3.13, or (iv) any income derived by the Purchasers pursuant to the reimbursement of expenses pursuant to Section 7 hereof.

Appears in 4 contracts

Samples: Preferred Stock Purchase Agreement (Cypress Communications Inc), Preferred Stock Purchase Agreement (Cypress Communications Inc), Preferred Stock Purchase Agreement (Cypress Communications Inc)

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Unrelated Business Taxable Income. Any gross income derived by the Purchasers from the Company shall be in the form of dividends, interest, capital gains and losses from the disposition of property, rents and royalties, but only such rents and royalties as are excluded pursuant to Code Sections 512(b)(2) and 512(b)(3), respectively, in calculating unrelated business taxable income and only such dividends, interest, capital gains and losses, and rents and royalties that are not included under Section 512(b)(4) of the Code in calculating unrelated business taxable income. This Section 3.13 3.12 shall not be deemed to apply to (i) any compensation (in cash, stock or other form) received by designees of the Purchasers in their capacities as directors of the Company that is transferred to the Purchasers, or (ii) any income included under Section 512(b)(4) of the Code as a result of acquisition indebtedness incurred by any Purchaser in connection with the purchase of an interest in the Company, or (iii) any income derived by the Purchasers from the Company with respect to which the Purchasers have expressly waived in writing the application of the provision of this Section 3.133.12, or (iv) any income derived by the Purchasers pursuant to the reimbursement of expenses pursuant to Section 7 6.9 hereof.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Cypress Communications Inc)

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