No Section 338 Election. Buyer will not make an election pursuant to section 338 of the Code or any similar provision under any state, local or foreign law with respect to the Target Companies.
No Section 338 Election. Buyer shall not cause or permit an election under Section 338 of the Code to be made with respect to the transactions contemplated by this Agreement.
No Section 338 Election. None of the Acquiror, Sub, the Company or any of their affiliates shall make an election under Section 338 of the Code with respect to the transactions contemplated by this Agreement.
No Section 338 Election. The Parties agree that no election will be made under Section 338 of the Code (or any comparable provision of foreign, state or local Law) in respect of the transactions contemplated under this Agreement.
No Section 338 Election. Neither Buyer nor any Affiliate thereof shall (i) make an election under Section 338 of the Code or any similar provisions of state or local law in respect of the purchase of Stock or (ii) cause the Company to engage in any transaction that could cause the purchase of Stock of the Company to be treated as a purchase or sale of the assets of the Company for federal, state, local or foreign tax purposes.
No Section 338 Election. The Purchaser and the Seller agree that no election shall be made under Sections 338(g) or Section 338(h)(10) of the Code with respect to the sale of the Shares under this Agreement, nor shall any similar elections be made under applicable state or local Laws.
No Section 338 Election. The Purchaser and the Seller agree that no election under Section 338 of the Internal Revenue Code of 1986, as amended, shall be made in connection with any transaction contemplated in this Agreement.
No Section 338 Election. Neither Buyer nor Parent nor the Company shall make any election or deemed election under Section 338 of the Code, or without the consent of Stockholders, under Section 338(h)(10) of the Code with respect to the transactions contemplated by this Agreement. Buyer, Parent and Stockholders agree that, for all tax purposes, none of them shall treat the transactions contemplated by this Agreement as anything other than a sale by Stockholders of all issued and outstanding capital stock of the Company.
No Section 338 Election. No election shall be made under section 338 of the Code or the corresponding provisions of any state Tax law with respect to the purchase of the PGE Shares or the PGH II Shares.
No Section 338 Election. Parent is not eligible to make any election under Section 338(g) or Section 338(h)(10) in connection with the Merger in respect of any Company Entity, and the Parties agree that no such election shall be made in connection with the Merger.
