No Acts Jeopardizing Merger. Unless the other parties shall otherwise agree in writing, none of the Shareholders, the Parent, the Merger Sub, the Company or the Surviving Corporation shall knowingly take or fail to take any action, which action or failure to act would jeopardize the qualification of the Merger as a reorganization pursuant to Section 368(a)(2)(D) of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Transcoastal Marine Services Inc), Agreement and Plan of Merger (Transcoastal Marine Services Inc), Agreement and Plan of Merger (Transcoastal Marine Services Inc)
No Acts Jeopardizing Merger. Unless the other parties shall otherwise agree in writing, none of the Shareholders, the Parent, the Merger Sub, the Company or the Surviving Corporation shall knowingly take or fail to take any action, which action or failure Kori Xxxeement and Plan of Merger//Page 47 56 to act would jeopardize the qualification of the Merger as a reorganization pursuant to Section 368(a)(2)(D) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Transcoastal Marine Services Inc)
