No Code Section 338 Election. Neither Buyer, IBEX, nor any of their Affiliates shall make any election under Code Section 338 with respect to the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Polarityte, Inc.), Real Estate Purchase and Sale Agreement (Polarityte, Inc.)
No Code Section 338 Election. Neither Buyerthe Purchaser, IBEXthe Company, nor any of their Affiliates shall will make any election under Code Section 338 of the Code with respect to the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Share Purchase Agreement (Ariad Pharmaceuticals Inc), Share Purchase Agreement (Ariad Pharmaceuticals Inc)
No Code Section 338 Election. Neither BuyerPurchaser, IBEX, the Company nor any of their Affiliates shall make any election under Code Section 338 of the Code with respect to the transactions contemplated by this Agreement, unless specifically agreed by Purchaser and Seller with respect to specific entities or assets.
Appears in 1 contract
No Code Section 338 Election. Neither Buyer, IBEX, Buyer nor Target or any of their Affiliates Affiliate thereof shall make any election under Code Section 338 with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Interest Purchase Agreement (Collexis Holdings, Inc.)
No Code Section 338 Election. Neither Buyer, IBEXTarget, nor any of their Affiliates shall make any election under Code Section 338 with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
No Code Section 338 Election. Neither BuyerParent, IBEX, Company nor any of their Affiliates shall make any an election under Code Section 338 with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Irobot Corp)
No Code Section 338 Election. Neither Buyer, IBEX, Buyer nor any of their Affiliates Seller shall make any election under Code Section 338 with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Wendys International Inc)
No Code Section 338 Election. Neither BuyerParent, IBEXCompany, nor any of their Affiliates shall make any election under Code Section §338 with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Ii-Vi Inc)
No Code Section 338 Election. Neither Buyer, IBEX, Purchaser nor any of their Affiliates the Company shall make any election under Code Section §338 with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
No Code Section 338 Election. Neither the Buyer, IBEX, the Company nor any of their Affiliates shall (including the other Target Companies) will make (or permit to be made) any election under Code Section 338 of the Code with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (First Financial Bancorp /Oh/)
No Code Section 338 Election. Neither the Buyer, IBEX, the Company nor any of their Affiliates shall will make (or permit to be made) any election under Code Section 338 of the Code with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Evoqua Water Technologies Corp.)