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)
No Section 338 Election. The Purchaser and the Seller agree that no election under section 338 of the Code (or any similar provision of the law of any state or other taxing jurisdiction) shall be made under Sections 338(g) or Section 338(h)(10) of the Code in connection with respect to the this purchase and sale of the Company Shares under this Agreement(the "Stock Purchase"), nor shall any similar elections be made under and that for purposes of all Tax Returns and other applicable state or local Lawsfilings, the Purchaser and the Seller will report the Stock Purchase as a purchase and sale, respectively, of the Company Shares.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Advance Paradigm Inc), Stock Purchase Agreement (Rite Aid Corp)
