Investment Unit Contract Clauses (4)

Grouped Into 1 Collection of Similar Clauses From Business Contracts

This page contains Investment Unit clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Investment Unit. The parties hereto agree (i) to treat the Financing Agreement, dated as of the date hereof, by and among, Antara Capital Master Fund LP ("Antara"), the Company, Cortland Capital Market Services LLC, as administrative agent and collateral agent, and the banks, financial institutions and other entities from time to time party thereto (the "Loan"), this Warrant and the other warrant issued by the Company to the Holder on the date hereof (the "Other Warrant") as having been issued as an "investment ...unit" within the meaning of Section 1273(c)(2) of the U.S. Internal Revenue Code of 1986, as amended as of the date hereof (the "Code"), (ii) solely for purposes of Section 1273(c)(2) of the Code, to treat the portion of the amount advanced under the Loan on the date hereof that is paid for this Warrant and the Other Warrant as equal to the amount determined by Antara and, correspondingly, the Loan as having been issued with additional original issue discount for U.S. federal income tax purposes consistent with such allocation, and (iii) to not take any tax position inconsistent with such tax characterization. Antara shall notify the Company of the amount allocated to this Warrant and the Other Warrant pursuant to clause (ii) hereof within 60 days of the date hereof. View More
Found in EVO Transportation & Energy Services, Inc. contract
Investment Unit. The parties hereto agree (i) to treat the that certain Forbearance Agreement and Incremental Amendment to Financing Agreement, dated as of the date hereof, by and among, among the Company, Antara Capital Master Fund LP ("Antara"), the Company, Cortland Capital Market Services LLC, as administrative agent and collateral agent, and the banks, financial institutions and other entities from time to time party thereto (the "Loan"), "Incremental Loan") and this Warrant and the other warrant issued by ...the Company to the Holder on the date hereof (the "Other Warrant") as having been issued as an "investment unit" within the meaning of Section 1273(c)(2) of the U.S. Internal Revenue Code of 1986, as amended as of the date hereof (the "Code"), (ii) solely for purposes of Section 1273(c)(2) of the Code, to treat the portion of the amount advanced under the Incremental Loan on the date hereof that is paid for this Warrant and the Other Warrant as equal to the amount determined by Antara and, correspondingly, the Incremental Loan as having been issued with additional original issue discount for U.S. federal income tax purposes consistent with such allocation, and (iii) to not take any tax position inconsistent with such tax characterization. Antara shall notify the Company of the amount allocated to this Warrant and the Other Warrant pursuant to clause (ii) hereof within 60 days of the date hereof. View More
Found in EVO Transportation & Energy Services, Inc. contract
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