Deductibility of Payments. There is no contract, agreement, plan or arrangement covering any employee or former employee of any Acquired Company (with respect to its relationship with such entities) that, individually or collectively, provides for the payment by any Acquired Company of any amount that is not deductible by such Acquired Company under Section 162(a)(1), 404 or 419 of the Code, whichever is applicable.
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Samples: Membership Interest Purchase Agreement (Primoris Services CORP), Membership Interest Purchase Agreement (Ambassadors International Inc)
Deductibility of Payments. There is no contract, agreement, plan or arrangement covering any employee or former employee of any Acquired the Company (with respect to its relationship with such entities) that, individually or collectively, provides for the payment by any Acquired the Company of any amount that is not deductible by such Acquired Company under Section 162(a)(1), ) or 404 or 419 of the Code, whichever is applicable.,
Appears in 2 contracts
Samples: Merger Agreement (Hanover Compressor Co /), Merger Agreement (Oec Compression Corp)
Deductibility of Payments. There is no contract, agreement, plan or arrangement covering any employee or former employee of any Acquired the Company or a Company Affiliate (with respect to its their relationship with such entities) that, individually or collectively, provides for the payment by any Acquired the Company of any amount (i) that is not deductible by such Acquired Company under Section 162(a)(1), ) or 404 of the Code or 419 (ii) for which the deduction by Company would be disallowed under Section 162(m) of the Code, whichever is applicable.
Appears in 1 contract
Samples: Stock Purchase Agreement (P F Changs China Bistro Inc)
Deductibility of Payments. There is no contract, agreement, plan or arrangement covering any employee current or former employee employee, director, officer or consultant of any Acquired the Company (with respect to its relationship with such entities) that, individually or collectively, provides for the payment by any Acquired the Company of any amount that is not deductible by such Acquired Company under Section 162(a)(1), 162(m) or 404 or 419 of the Code, whichever is applicable.
Appears in 1 contract
Samples: Merger Agreement (Symons Corp)
Deductibility of Payments. There is no contract, agreement, plan or arrangement covering any employee or former employee of any Acquired Company (with respect to its relationship with such entities) that, individually or collectively, provides for the payment by any Acquired such Company of any amount that is not deductible by such Acquired Company or will not be deductible under Section 162(a)(1), Sections 162 or 404 or 419 of the Code, whichever is applicable.
Appears in 1 contract
Deductibility of Payments. There is no contract, agreement, plan or arrangement covering any employee or former employee of any Acquired Company (with respect to its relationship with such entities) that, individually or collectively, provides for the payment by any Acquired Company of any amount (i) that is not deductible by such Acquired Company under Section 162(a)(1), 404 or 419 of the Code, whichever is applicable.
Appears in 1 contract
Samples: Stock Purchase Agreement (Ambassadors International Inc)
Deductibility of Payments. There is no contract, agreement, plan or arrangement covering any employee or former employee of any Acquired the Company (with respect to its relationship with such entitiesthe Company) that, individually or collectively, provides for the payment by any Acquired the Company of any amount that is not deductible by such Acquired the Company under Section 162(a)(1), 404 or 419 of the Code, whichever is applicable.
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Deductibility of Payments. There To the Knowledge of the Company, there is no contract, agreement, plan or arrangement covering any employee or former employee of any Acquired the Company (with respect to its such employee's relationship with such entitiesthe Company, as applicable) that, individually or collectively, provides for requires the payment by any Acquired the Company of any amount that is not deductible by such Acquired Company under Section 162(a)(1), ) or 404 or 419 of the Code (except for amounts that are temporarily nondeductible pursuant to Section 404(a)(5) of the Code, whichever is applicable.
Appears in 1 contract
Samples: Merger Agreement (Websidestory Inc)
Deductibility of Payments. There is no contract, agreement, plan or arrangement covering any employee or former employee of any the Acquired Company Companies (with respect to its relationship with such entities) that, individually or collectively, provides for the payment by any the Acquired Company Companies of any amount that is not deductible by such the Acquired Company Companies under Section 162(a)(1), 404 or 419 of the Code, whichever is applicable.
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