Common use of No Section 338 Election Clause in Contracts

No Section 338 Election. The Buyer will not make an election pursuant to Section 338 of the Code with respect to the Company and its Subsidiaries.

Appears in 2 contracts

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

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No Section 338 Election. The Buyer Purchaser will not make an any election pursuant to under Code Section 338 of the Code (or any similar provision under Law) with respect to the acquisition of the Company and its SubsidiariesAffiliates.

Appears in 2 contracts

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

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 Company and its SubsidiariesTarget Companies.

Appears in 2 contracts

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

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

Appears in 1 contract

Samples: Stock Purchase Agreement (Visant Corp)

No Section 338 Election. The Buyer Purchaser will not make or permit to be made an election pursuant to under Section 338 of the Code (or similar provision under state or local Law) with respect to the Company and its Subsidiariespurchase of the Common Interest in the Target hereunder.

Appears in 1 contract

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

No Section 338 Election. The Buyer will shall not make an or permit to be made any election pursuant to under Section 338 of the Code (or other similar state, local or foreign Law) with respect to the any Company and its SubsidiariesEntity.

Appears in 1 contract

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

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

Appears in 1 contract

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

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

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Stock Purchase Agreement (Hubbell Inc)

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