No Acquired Corporation. (i) is: (x) a “controlled foreign corporation” (within the meaning of Section 957 of the Code); or (y) a “passive foreign investment company” (within the meaning of Section 1297 of the Code); or (ii) has, or has ever had, a permanent establishment in any country other than the country of its organization.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Opnet Technologies Inc), Agreement and Plan of Merger (Riverbed Technology, Inc.)
No Acquired Corporation. (i) is: (x) is a “controlled foreign corporation” (within the meaning of Section 957 of the Code); or (y) a “passive foreign investment company” (within that is not listed on an IRS Form 5471 attached to the meaning of Section 1297 of Company’s U.S. federal income tax return for the Code)taxable year ending on June 27, 2014; or (ii) has, or has ever had, (A) a permanent establishment in any foreign country, as defined in any applicable Tax treaty or convention between the United States and such foreign country, or (B) an office or fixed place of business, in either case in a country other than the country of its organizationin which it is organized.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Silicon Graphics International Corp)
No Acquired Corporation. (i) is: (x) a “controlled foreign corporation” (within the meaning of Section 957 of the Code); or (y) is a “passive foreign investment company” (within the meaning of Section 1297 of the Code); or (ii) has, or has ever had, a permanent establishment in any country other than the country of its organization, as such term is defined in any applicable Tax treaty or convention between such Acquired Corporation's country of residence and such other country.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Maxim Integrated Products Inc)
No Acquired Corporation. (i) is: (x) a “controlled foreign corporation” (within the meaning of Section 957 of the Code); or (y) is a “passive foreign investment company” (within the meaning of Section 1297 of the Code); or (ii) has, or has ever had, a permanent establishment in any country other than the country of its organization, as such term is defined in any applicable Tax treaty or convention between such Acquired Corporation’s country of residence and such other country.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Maxim Integrated Products Inc)