Common use of Certain Tax Positions Clause in Contracts

Certain Tax Positions. The parties hereto intend the Merger to qualify, and will take the position for tax purposes that the Merger qualifies, as a non-taxable reorganization under Sections 368(a)(1)(A) and (a)(2)(E) of the Code.

Appears in 2 contracts

Samples: Merger Agreement (Amtec Inc), Merger Agreement (Eftc Corp/)

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Certain Tax Positions. The parties hereto intend the Merger to qualify, and will take the position for tax purposes that the Merger qualifies, as a non-taxable reorganization under Sections 368(a)(1)(A) and (a)(2)(E) of the Code. Neither party hereto nor any affiliate thereof will take any action that would cause the Merger not to qualify as a reorganization under those sections or regulations promulgated thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Electronic Fab Technology Corp)

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Certain Tax Positions. The parties hereto intend the Merger to qualify, and will take the position for tax purposes that the Merger qualifies, as a non-taxable reorganization under Sections 368(a)(1)(A) and (a)(2)(Ea)(2)(D) of the Code. Neither party hereto nor any affiliate thereof will take any action that would cause the Merger not to qualify as a reorganization under those sections.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Electronic Fab Technology Corp)

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