No Section 338 Election. Neither Buyer nor any Affiliate thereof shall (i) make an election under Section 338 of the Code or any similar provisions of state or local law in respect of the purchase of Stock or (ii) cause the Company to engage in any transaction that could cause the purchase of Stock of the Company to be treated as a purchase or sale of the assets of the Company for federal, state, local or foreign tax purposes.
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Samples: Agreement and Plan of Merger (Hadron Inc), Agreement and Plan of Merger (Analex Corp)
No Section 338 Election. Neither Buyer the Company nor any Affiliate affiliate thereof shall (i) make an election under Section 338 of the Code or any similar provisions provision of state or local law in respect of the purchase of Stock Merger or (ii) cause the any Acquired Company to engage in any transaction that could cause the purchase of Stock of the Company Merger to be treated as a purchase or sale of the assets of the any Acquired Company for federal, state, local or foreign tax Tax purposes.
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No Section 338 Election. Neither Buyer Purchaser nor any Affiliate affiliate thereof shall (i) make an election under Section 338 of the Code or any similar provisions provision of state or local law in respect of the purchase of Stock stock of the Company or (ii) cause the Company to engage in any transaction that could cause the purchase of Stock stock of the Company to be treated as a purchase or sale of the assets of the Company for federal, state, local or foreign tax Tax purposes.
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