Common use of No Section 338 Election Clause in Contracts

No Section 338 Election. The Purchaser and the Seller agree that no election shall be made under Sections 338(g) or Section 338(h)(10) of the Code with respect to the sale of the Shares under this Agreement, nor shall any similar elections be made under applicable state or local Laws.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Crown Castle International Corp), Stock Purchase Agreement (Quanta Services Inc)

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No Section 338 Election. The Purchaser Buyer and the Seller Sellers hereby agree that they will make no election shall be made under Sections 338(g) or pursuant to Section 338(h)(10) 338 of the Code (or any corresponding election under state, local and foreign Tax law) with respect to the purchase and sale of the Shares under this Agreement, nor shall any similar elections be made under applicable state or local Lawsstock of the Transferred Companies hereunder.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Ply Gem Industries Inc)

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No Section 338 Election. The Purchaser Seller and the Seller Buyer agree that no election shall will be made under Sections 338(g) or Section 338(h)(10) 338 of the Code with respect to the sale of the Shares under this Agreement, nor shall any similar elections be made under applicable state or local LawsStock Purchase.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pumatech Inc)

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