Common use of Increase in Stock Election Number Due to Tax Opinion Clause in Contracts

Increase in Stock Election Number Due to Tax Opinion. If the tax opinion referred to in Section 6.1(d) and to be delivered at the Closing (The "Tax Opinion") cannot be rendered (as reasonably determined by Pitney, Xxxxxx, Xxxx & Xxxxx and concurred in by Xxxxxxx, Spidi, Sloane & Xxxxx, P.C.) as a result of the Merger potentially failing to satisfy continuity of interest requirements under applicable federal income tax principles relating to reorganizations under Section 368(a) of the Code (as hereafter defined in Section 3.8), then the Stock Percentage shall be automatically increased and the Cash Percentage shall be automatically decreased to the minimum extent necessary to enable the Tax Opinion to be rendered.

Increase in Stock Election Number Due to Tax Opinion. If the tax opinion referred to in Section 6.1(d7.1(d) and to be delivered at the Closing (The "the “Tax Opinion"”) cannot be rendered (as reasonably determined by Lxxxxxxxxx Xxxxxxx PC and as reasonably concurred in by Pitney, XxxxxxHxxxxx, Xxxx & Xxxxx and concurred in by XxxxxxxSxxxx, Spidi, Sloane & Xxxxx, P.C.LLP) as a result of the Merger Merger’s potentially failing to satisfy continuity of interest requirements under applicable federal income tax principles relating to reorganizations under Section 368(a) of the Internal Revenue Code of 1986, as amended (as hereafter defined in Section 3.8the “Code”), then the Stock Percentage shall be automatically increased and the Cash Percentage shall be automatically decreased to the minimum extent necessary to enable the Tax Opinion to be rendered.

Increase in Stock Election Number Due to Tax Opinion. If the tax Tax opinion referred to in Section 6.1(d7.1(d) and to be delivered at the Closing (The the "Tax Opinion") cannot be rendered (as reasonably determined by Pitney, Xxxxxx, Xxxx & Xxxxx Lowenstein Sandler PC and concurred xx xxxxxxxxxx xxxxurred in by Xxxxxxx, Spidi, Sloane McCarter & Xxxxx, P.C.English) as a result of rxxxxx xx the Merger Merger's potentially failing to satisfy continuity of interest requirements under applicable federal income tax Tax principles relating to reorganizations under Section 368(a) of the Internal Revenue Code of 1986, as amended (as hereafter defined in Section 3.8the "Code"), then the Stock Percentage shall be automatically increased and the Cash Percentage shall be automatically decreased to the minimum extent necessary to enable the Tax Opinion to be rendered.