Common use of Certain Business Combinations Clause in Contracts

Certain Business Combinations. In the event it is determined by the ----------------------------- Board, upon receipt of a written opinion of the Company's independent public accountants, that the enforcement of any Section or subsection of this Agreement, upon a Change of Control, would preclude accounting for any proposed business combination of the Company involving a Change of Control as a pooling of interests, and the Board otherwise desires to approve such a proposed business transaction which requires as a condition to the closing of such transaction that it be accounted for as a pooling of interests, then any such Section of this Agreement shall be null and void, but only if the absence of enforcement of such Section would preserve the pooling treatment. For purposes of this Section 8, the Board's determination shall only require the approval of a majority of the disinterested Board members.

Certain Business Combinations. In the event it is determined by the ----------------------------- Board, upon receipt of a written opinion of the Company's independent public accountants, that the enforcement of any Section or subsection sub of this Agreement, upon a Change of Control, would preclude accounting for any proposed business combination of the Company involving a Change of Control as a pooling of interests, and the Board otherwise desires to approve such a proposed business transaction which requires as a condition to the closing of such transaction that it be accounted for as a pooling of interests, then any such Section of this Agreement shall be null and void, but only if the absence of enforcement of such Section would preserve the pooling treatment. For purposes of this Section 8, the Board's determination shall only require the approval of a majority of the disinterested Board members.

Certain Business Combinations. In the event it is determined by the ----------------------------- Board, upon receipt of a written opinion of the Company's independent public accountants, that the enforcement of any Section or subsection of this Agreement, upon a Change of Control, would preclude accounting for any proposed business combination of the Company involving a Change of Control as a pooling of interests, and the Board otherwise desires to approve such a proposed business transaction which requires as a condition to the closing of such transaction that it be accounted for as a pooling of interests, then any such Section of this Agreement shall be null and void, but only if the absence of enforcement of such Section would preserve the pooling treatment. For purposes of this Section 85, the Board's determination shall only require the approval of a majority of the disinterested Board members.

Certain Business Combinations. In the event that it is determined ----------------------------- by the ----------------------------- BoardBoard of Directors, upon receipt of a written opinion of the Company's independent public accountants, that the enforcement of any Section or subsection of this Agreement, upon a Change of Control, 2(a) hereof would preclude accounting for any proposed business combination of the Company involving a Change of Control as a pooling of interests, and the Board otherwise desires to approve such a proposed business transaction which requires as a condition to the closing of such transaction that it be accounted for as a pooling of interests, then any such Section paragraph of this Agreement shall be null and void, but only if the absence of enforcement of such Section paragraph hereof would preserve the pooling treatment. For purposes of this Section 82(b), the Board's determination shall only require the unanimous approval of a majority of the disinterested Board membersmembers of the Board.

Certain Business Combinations. In the event it is determined by the ----------------------------- Board, upon receipt of a written opinion of the Company's independent public accountants, that the enforcement of any Section or subsection of this Agreement, upon a Change of Control, Agreement would preclude accounting for any proposed business combination of the Company involving a Change of Control as a pooling of interests, and the Board otherwise desires to approve such a proposed business transaction which requires as a condition to the closing of such transaction that it be accounted for as a pooling of interests, then any such Section of this Agreement shall be null and void, but only if the absence of enforcement of such Section would preserve the pooling treatment. For purposes of this Section 8, the Board's determination shall only require the unanimous approval of a majority of the disinterested Board members.