Common use of Code Section 897 Clause in Contracts

Code Section 897. To the best knowledge of the Company after due inquiry, no foreign person owns or has owned beneficially more than five percent of the total fair market value of Company Common Stock during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Energy East Corp), Agreement and Plan of Merger (Energy East Corp), Agreement and Plan of Merger (RGS Energy Group Inc)

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Code Section 897. To the best knowledge Knowledge of the Company and its Subsidiaries after due inquiry, no foreign person owns or has owned beneficially more than five percent of the total fair market value of Company Common Stock during the applicable period specified in Section 897(c)(1)(A)(ii) of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Valley Resources Inc /Ri/), Agreement and Plan of Merger (Southern Union Co)

Code Section 897. To the best knowledge of the Company after due inquiry, no foreign person owns or has owned beneficially owned, for purposes of Section 897 of the Code, more than five percent of the total fair market value of Company Common Stock during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code, and, at all times during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code, Company Common Stock has been regularly traded in an established securities market within the meaning of Treasury Regulation Section 1.897-1(m).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Central Maine Power Co), Agreement and Plan of Merger (Energy East Corp)

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Code Section 897. To the best knowledge of the Company after due inquiry, no foreign person owns or has owned beneficially more than five percent of the total fair market value of the Company Common Stock Shares during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Energy East Corp), Agreement and Plan of Merger (Berkshire Energy Resources)

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