Common use of No Section 338 Election Clause in Contracts

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.

Appears in 3 contracts

Samples: Stock Purchase Agreement (XPO Logistics, Inc.), Stock Purchase Agreement (Bway Intermediate Company, Inc.), Stock Purchase Agreement (Trimble Navigation LTD /Ca/)

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No Section 338 Election. The Buyer shall not not, in connection with the transactions contemplated by this Agreement, make or cause to be made any actual or permit an deemed election under Section 338 of the Code to be made with respect to the transactions contemplated by this Agreementor any corresponding provision of state, local or foreign law.

Appears in 2 contracts

Samples: Stock Purchase Agreement (National Medical Health Card Systems Inc), Stock Purchase and Sale Agreement (Corinthian Colleges Inc)

No Section 338 Election. Buyer agrees that it shall not cause or permit make an election under pursuant to, or take any action which would result in an election under, Section 338 of the Code to be made (or any successor provision) with respect to the transactions contemplated by in this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Devcon International Corp)

No Section 338 Election. Buyer shall not cause or permit make an election under Section 338 of the Code to be made with respect to the purchase of the Shares and the transactions contemplated by provided for in this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pma Capital Corp)

No Section 338 Election. Buyer shall not cause or permit make an election under Section 338 of the Code to be made in connection with respect to the transactions contemplated by this AgreementContemplated Transactions.

Appears in 1 contract

Samples: Stock Purchase Agreement (Premier Parks Inc)

No Section 338 Election. Buyer and Sellers agree that Buyer shall not make or cause or permit an to be made any election under Section 338 of the Code to be made or under any applicable similar provision of state or foreign Requirements of Law with respect to the transactions contemplated by this Agreementhereby.

Appears in 1 contract

Samples: Stock Purchase Agreement (Chart Industries Inc)

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No Section 338 Election. Neither Buyer nor either Company shall not cause or permit an make any election under Section 338 of the Code to be made with respect to the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Micros Systems Inc)

No Section 338 Election. Buyer Purchaser agrees that it shall not cause make, or permit to be made, an election under Section 338 of the Code to be made Code, or any corresponding or similar election under foreign, state or local law, with respect to the transactions contemplated by provided for in this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Spirit Finance Corp)

No Section 338 Election. Buyer shall not make (or cause or permit an to be made) any election under Code Section 338 of the Code to be made or Section 336(e) (or any similar election under state, local or foreign Legal Requirement) with respect to the transactions contemplated by sale of any Company Shares pursuant to this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Leonardo DRS, Inc.)

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