No Section 338 Election. The Purchaser shall not make an election pursuant to Section 338 of the Code or a similar election under any foreign, state or local laws with respect to the transactions contemplated by this Agreement. ARTICLE X
Appears in 1 contract
Samples: Stock Purchase and Contribution Agreement (Palace Entertainment Holdings, Inc.)
No Section 338 Election. The Purchaser shall not (and shall not permit any of its Affiliates or successors to) make an any election pursuant to under Section 338 of the Code or a similar election under any foreignprovisions of state, state local or local laws with foreign law in respect to of the transactions acquisition of the Company as contemplated by this Agreement. ARTICLE X.
Appears in 1 contract
No Section 338 Election. The Purchaser shall will not make or permit to be made an election pursuant to under Section 338 of the Code (or a similar election provision under any foreign, state or local laws law) with respect to the transactions contemplated by this Agreement. ARTICLE Xpurchase 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. The Purchaser shall not make an any election pursuant to under Section 338 of the Code (or a any similar election provision under any foreignstate, state local, or local laws non-U.S. Tax related Law) with respect to the transactions contemplated by this Agreement. ARTICLE Xacquisition of the Company.
Appears in 1 contract
No Section 338 Election. The Purchaser shall not make an any election pursuant to under Code Section 338 of the Code (or a any similar election provision under any foreignstate, state local, or local laws foreign law) with respect to the transactions contemplated by this Agreement. ARTICLE Xacquisition of the Company and its Affiliates.
Appears in 1 contract
Samples: Agreement and Plan of Merger (U.S. Silica Holdings, Inc.)
No Section 338 Election. The Purchaser shall not make an any election pursuant to under Code Section 338 of the Code (or a any similar election provision under any foreignstate, state local, or local laws foreign Law) with respect to the transactions contemplated by this Agreementacquisition of the Company and its Subsidiaries. ARTICLE X(k) Straddle
Appears in 1 contract
Samples: Agreement and Plan of Merger
No Section 338 Election. The Purchaser shall not make an any election pursuant to under Code Section 338 of the Code (or a any similar election provision under any foreignstate, state local, or local laws foreign Law) with respect to the transactions contemplated by this Agreement. ARTICLE Xacquisition of the Company and its Subsidiaries.
Appears in 1 contract