Certain Commitments. The Stockholder hereby represents that the Stockholder is not, and that from the date hereof through and including the Closing Date, neither the Stockholder nor any transferee of the Owned Shares shall become, subject to a binding commitment to sell, exchange or transfer by gift (or take any other action that would be treated for federal income tax purposes as a disposition of) any of the Offer Consideration to be received by it pursuant to the Offer.
Appears in 5 contracts
Samples: Exchange Agreement (Valueclick Inc/Ca), Exchange Agreement (K2 Inc), Exchange Agreement (K2 Inc)
Certain Commitments. The Stockholder hereby represents that the Stockholder is not, and that from the date hereof through and including the Closing Date, neither the Stockholder nor any transferee of the Owned Shares shall become, subject to a binding commitment to sell, exchange or transfer by gift (or take any other action that would be treated for federal income tax purposes as a disposition of) any of the Offer Consideration to be received by it him pursuant to the Offer.
Appears in 4 contracts
Samples: Exchange Agreement (K2 Inc), Exchange Agreement (K2 Inc), Exchange Agreement (K2 Inc)