Common use of Reporting Matters Clause in Contracts

Reporting Matters. The Company agrees not to report any actual or deemed non-cash dividends with respect to the Series B Preferred Stock to the Purchasers or any Governmental Entity on IRS Form 1099-DIV or other information return, unless otherwise instructed to do so in writing by a Governmental Entity in connection with a Proceeding involving the Company. The Company shall not withhold any Taxes on any actual or deemed non-cash dividends to the Purchasers with respect to the Series B Preferred Stock, unless otherwise instructed to do so in writing by a Governmental Entity in connection with a Proceeding involving the Company. The Company agrees with each of the Purchasers that for Tax purposes (i) the issue price of the Series B Preferred Stock will be $93.40 per share of the Series B Preferred Stock paid by the Purchasers and that the issue price for the Warrants shall be $6.60 per share subject to the Warrants and (ii) the Series B Preferred Stock will not be designated as debt.

Reporting Matters. The Company agrees not to report any actual or deemed non-cash dividends with respect to the Series B A Preferred Stock to the Purchasers or any Governmental Entity on IRS Form 1099-DIV or other information return, unless otherwise instructed to do so in writing by a Governmental Entity in connection with a Proceeding involving the Company. The Company shall not withhold any Taxes on any actual or deemed non-cash dividends to the Purchasers with respect to the Series B A Preferred Stock, unless otherwise instructed to do so in writing by a Governmental Entity in connection with a Proceeding involving the Company. The Company agrees with each of the Purchasers that for Tax purposes (i) the issue price of the Series B A Preferred Stock will be $93.40 2.358 per share of the Series B A Preferred Stock paid by the Purchasers and that the issue price for the Warrants shall be $6.60 1.42 per share subject to the Warrants and (ii) the Series B A Preferred Stock will not be designated as debt.