Common use of Covenant Relating to the Tax Status of the Agreement Clause in Contracts

Covenant Relating to the Tax Status of the Agreement. Parent and the Company intend for this Agreement to qualify as a stock purchase for all U.S. federal income tax purposes. Each party will both before and after the Effective Time (i) use reasonable efforts to cause this Agreement to so qualify; (ii) refrain from taking any action (including making any election under Section 338 of the Code) that would reasonably be expected to cause this Agreement to fail to so qualify; and (iii) take the position on all Tax Returns and in any communications with any taxing authority for all purposes that this Agreement so qualifies.

Covenant Relating to the Tax Status of the Agreement. Parent and the Company intend for this the Agreement to qualify as a stock purchase for all U.S. federal income tax purposes. Each party will (and Parent will cause each of its Subsidiaries to) both before and after the Effective Time (i) use reasonable efforts to cause this the Agreement to so qualify; (ii) refrain from taking any action (including making any election under Section 338 of the Code) that would reasonably be expected to cause this the Agreement to fail to so qualify; and (iii) take the position on all Tax Returns and in any communications with any taxing authority for all purposes that this the Agreement so qualifies.

Covenant Relating to the Tax Status of the Agreement. Parent and the Company intend for this the Agreement to qualify as a stock purchase for all U.S. federal income tax purposes. Each party will (and will cause each of its Subsidiaries to) both before and after the Effective Time (i) use reasonable efforts to cause this the Agreement to so qualify; (ii) refrain from taking any action (including making any election under Section 338 of the Code) that would reasonably be expected to cause this the Agreement to fail to so qualify; and (iii) take the position on all Tax Returns and in any communications with any taxing authority for all purposes that this the Agreement so qualifies.