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