Common use of No Section 338 Election Clause in Contracts

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.

Appears in 2 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (School Specialty Inc)

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No Section 338 Election. Buyer Purchaser will not make an any election pursuant to section under Code Section 338 of the Code (or any similar provision under any state, local or foreign law Law) with respect to the Target Companiesacquisition of the Company and its Affiliates.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (CB-Blueknight, LLC), Membership Interest Purchase Agreement (Blueknight Energy Holding, Inc.)

No Section 338 Election. The Buyer will not make an election pursuant to section Section 338 of the Code or any similar provision under any state, local or foreign law with respect to the Target CompaniesCompany and its Subsidiaries.

Appears in 2 contracts

Samples: 6 Stock Purchase Agreement (Steel Heddle International Inc), 6 Stock Purchase Agreement (Steel Heddle Group Inc)

No Section 338 Election. Buyer Purchaser will not make or permit to be made an election pursuant to section under Section 338 of the Code (or any similar provision under any state, state or local or foreign law Law) with respect to the purchase of the Common Interest in the Target Companieshereunder.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

No Section 338 Election. Buyer will shall not make an any election pursuant to section under Code Section 338 of the Code (or any similar provision under any state, local local, or foreign law non-US law) with respect to the Target Companiesacquisition of the Company and its Subsidiaries.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hubbell Inc)

No Section 338 Election. The Buyer will shall not make an any election pursuant to section under Section 338 of the Code (or any similar provision under any state, local local, or foreign law non-US law) with respect to the Target acquisition of the Holding Companies.

Appears in 1 contract

Samples: Securities Purchase and Sale Agreement (Corinthian Colleges Inc)

No Section 338 Election. Buyer will shall not make an or permit to be made any election pursuant to section under Section 338 of the Code (or any other similar provision under any state, local or foreign law Law) with respect to the Target Companiesany Company Entity.

Appears in 1 contract

Samples: Stock Purchase Agreement (1 800 Flowers Com Inc)

No Section 338 Election. Buyer will not make an any election pursuant to section under Code Section 338 of the Code (or any similar provision under any state, local local, or foreign law law) with respect to the Target Companiesacquisition of the Blocker, the Company and its Subsidiaries.

Appears in 1 contract

Samples: Equity Purchase Agreement (ClubCorp Holdings, Inc.)

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No Section 338 Election. Buyer will Purchaser shall not make an any election pursuant to section under Section 338 of the Code (or any similar provision under any state, local local, or foreign law non-U.S. Tax related Law) with respect to the Target Companiesacquisition of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (ODP Corp)

No Section 338 Election. Buyer Purchaser will not make or permit to be made an election pursuant to section under Section 338 of the Code (or any similar provision under any state, state or local or foreign law law) with respect to the Target Companiespurchase of the Acquired Interests hereunder.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (BLACK CREEK INDUSTRIAL REIT IV Inc.)

No Section 338 Election. Buyer will The Purchaser shall not make an any election pursuant to section under Code Section 338 of the Code (or any similar provision under any state, local local, or foreign law Law) with respect to the Target Companiesacquisition of the Company and its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Campbell Soup Co)

No Section 338 Election. Buyer will not make an any election pursuant to section under Code Section 338 of the Code (or any similar provision under any state, local local, or foreign law Law) with respect to the acquisition of the Target Companies.

Appears in 1 contract

Samples: Stock Purchase Agreement (Visant Corp)

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