Common use of Accounting and Tax Treatment Clause in Contracts

Accounting and Tax Treatment. During the Term of this Plan of Merger, Old Kent and CFSB each agree not to take any action that would adversely affect the ability of Old Kent to treat the Merger as a pooling- of-interests for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Internal Revenue Code; provided, that nothing in this Plan of Merger shall limit Old Kent's ability to exercise its rights under the Option Agreement. Old Kent and CFSB each agree to take such action as may be reasonably required to negate the impact of any past actions, if any, that might adversely impact the ability of Old Kent to treat the Merger as a pooling-of-interests.

Accounting and Tax Treatment. During the Term of this Plan of Merger, Old Kent and CFSB First Evergreen each agree not to take any action that would adversely affect the ability of Old Kent to treat the Merger as a pooling- pooling-of-interests for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Internal Revenue Code; provided, however, that nothing in this Plan of Merger shall limit Old Kent's ability to exercise its rights under the Option Agreement. Old Kent and CFSB First Evergreen each agree to take such action as may be reasonably required to negate the impact of any past actions, if any, actions that might adversely impact the ability of Old Kent to treat the Merger as a pooling-of-interests.

Accounting and Tax Treatment. During the Term of this Plan of Merger, Old Kent and CFSB Pinnacle each agree not to take any action that would adversely affect the ability of prevent Old Kent to treat from qualifying, or materially increase the risk of disqualifying, the Merger as a pooling- pooling-of-interests for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Internal Revenue Code; providedPROVIDED, that nothing in this Plan of Merger shall limit Old Kent's ability to exercise its rights under the Option Agreement. Old Kent and CFSB Pinnacle each agree to take such action as may be reasonably required to negate the impact of any past actions, if any, actions that might adversely impact the ability of Old Kent to treat the Merger as a pooling-of-interests.