Common use of No Section 338 Election Clause in Contracts

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.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Infospace Inc), Agreement and Plan of Merger (H&r Block Inc)

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No Section 338 Election. None of the Acquiror, Sub, the Company parties hereto or any of their affiliates Affiliates shall make an election under Section Code § 338 of the Code with respect to the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Acadia Healthcare Company, Inc.)

No Section 338 Election. None of the Acquiror, Sub, the Company Buyer or any of their affiliates its Affiliates shall make an any election under pursuant to Section 338 of the Code (or any comparable provision of state, local or other Tax law) with respect to the transactions contemplated by this AgreementCompany.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pacira Pharmaceuticals, Inc.)

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 With respect to the transactions contemplated by this Agreement, no party to this Agreement nor any of their respective Affiliates shall make any election pursuant to Section 338 of the Code.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Verisk Analytics, Inc.)

No Section 338 Election. None of the Acquiror, Sub, the Company or Neither Purchaser nor any of their affiliates its Affiliates or Associates shall make an any election under Code Section 338 of the Code with respect to the transactions contemplated by this AgreementCompany.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Homeland Security Capital CORP)

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No Section 338 Election. None of Neither the Acquiror, Sub, the Company or Purchaser nor any of their affiliates its Affiliates or Associates shall make an any election under Code Section 338 of the Code with respect to the transactions contemplated by this AgreementCompany.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Homeland Security Capital CORP)

No Section 338 Election. None of the Acquiror, Merger Sub, the Company or any of their affiliates Affiliates shall make an election under Section 338 of the Code with respect to the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kenexa Corp)

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