No Section 338 Election. Parent is not eligible to make any election under Section 338(g) or Section 338(h)(10) in connection with the Merger in respect of any Company Entity, and the Parties agree that no such election shall be made in connection with the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sungard Capital Corp Ii), Agreement and Plan of Merger (GL Trade Overseas, Inc.)
No Section 338 Election. Parent is shall not eligible to make any election under Code Section 338(g338 (or any similar provision under Law) or Section 338(h)(10) in connection with respect to the Merger in respect acquisition of any Company Entity, and the Parties agree that no such election shall be made in connection with the Mergerits Affiliates.
Appears in 1 contract
No Section 338 Election. Parent is not eligible None of Parent, Merger Sub, the Company or any of their Affiliates shall make (or cause to make be made) any election under Section 338(g338 of the Code (or any similar provision of applicable Law) or Section 338(h)(10) in connection with respect to the Merger in respect of any Company Entity, and or the Parties agree that no such election shall be made in connection with the Mergerother Contemplated Transactions.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Avanos Medical, Inc.)
No Section 338 Election. Parent is will not eligible to make any election under Code Section 338(g338 (or any similar provision under state, local, or foreign Law) or Section 338(h)(10) in connection with respect to the Merger in respect acquisition of any the Company Entity, and the Parties agree that no such election shall be made in connection with the Mergerits Affiliates.
Appears in 1 contract
Samples: Agreement and Plan of Merger (JDS Uniphase Corp /Ca/)
