Common use of Distributed Stock Clause in Contracts

Distributed Stock. Neither the Company nor any Subsidiary has distributed stock of another Person, and neither the Company nor any Subsidiary has had its stock distributed by another Person, in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the Code.

Appears in 8 contracts

Samples: Merger Agreement, Merger Agreement (Roku, Inc), Merger Agreement (FireEye, Inc.)

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Distributed Stock. Neither the Company nor any Subsidiary of its Subsidiaries has distributed stock of another Person, and neither the Company nor any Subsidiary of its Subsidiaries has had its stock distributed by another Person, in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the Code.

Appears in 3 contracts

Samples: Merger Agreement (Coupa Software Inc), Merger Agreement (Insmed Inc), Merger Agreement (Oclaro, Inc.)

Distributed Stock. Neither the Company nor any Subsidiary has distributed stock of another Person, and neither the Company nor any Subsidiary has had its stock distributed by another Person, within the last two (2) years in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the Code.

Appears in 2 contracts

Samples: Merger Agreement (F5 Networks, Inc.), Merger Agreement (F5 Networks, Inc.)

Distributed Stock. Neither the Company nor any Subsidiary has of its Subsidiaries have distributed stock of another Person, and neither the Company nor any Subsidiary has of its Subsidiaries have had its their stock distributed by another Person, in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Zovio Inc), Agreement and Plan of Reorganization (Zovio Inc)

Distributed Stock. Neither the Company nor any Subsidiary has of its Subsidiaries have distributed stock of another Person, and neither the Company nor any Subsidiary has of its Subsidiaries have had its their stock distributed by another Person, in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the CodeCode during the two years prior to the date of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Coupa Software Inc)

Distributed Stock. Neither the Company nor any Subsidiary has of its Subsidiaries have distributed stock of another Person, and neither the Company nor any Subsidiary has of its Subsidiaries have had its their stock distributed by another Person, in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the CodeCode during the two (2) years prior to the date of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Crexendo, Inc.)

Distributed Stock. Neither the Company nor any Subsidiary has distributed stock of another Person, and neither the Company nor any Subsidiary has had its stock distributed by another Person, in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the CodeCode in the two (2) years prior to the Closing Date or that could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of Code Section 355(e)) that includes the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Elastic N.V.)

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Distributed Stock. Neither the Company nor any Subsidiary has distributed stock of another Person, and neither the Company nor any Subsidiary has had its stock distributed by another Person, within the last two years in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the Code.

Appears in 1 contract

Samples: Merger Agreement (F5 Networks Inc)

Distributed Stock. Neither the Company nor any Subsidiary Company Entity has distributed stock of another Person, and neither the Company nor any Subsidiary Company Entity has had its stock distributed by another Person, in a transaction that was purported or intended to be governed in whole or in part by Section Sections 355 or Section 361 of the CodeCode in the two (2) years prior to the Closing Date.

Appears in 1 contract

Samples: Merger Agreement (Lumentum Holdings Inc.)

Distributed Stock. Neither the Company nor any Subsidiary has distributed stock of another Person, and neither the Company nor any Subsidiary has had its stock distributed by another Person, in a transaction that was purported or intended to be governed in whole or in part by Section 355 or Section 361 of the CodeCode in the two (2) years prior to the Closing Date or that could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of Code Section 355(e)) that includes the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Pluralsight, Inc.)

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