No Withholding. The Company has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897 of the Code. The transactions contemplated herein are not subject to the tax withholding provisions of Section 3406 of the Code, or of Subchapter A of Chapter 3 of the Code or of any other provision of law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Basin Water, Inc.), Agreement and Plan of Merger (Basin Water, Inc.), Stock Purchase and Sale Agreement (Zhone Technologies Inc)
No Withholding. The Company has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897 of the Code. The Company has withheld and paid all Taxes required to have been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, shareholder or other third party. The transactions contemplated herein are not subject to the tax withholding provisions of Section 3406 of the Code, or of Subchapter A of Chapter 3 of the Code or of any other provision of law.
Appears in 2 contracts
Samples: Merger Agreement (Tix CORP), Merger Agreement (TWL Corp)
No Withholding. The Company has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897 of the Code. The transactions contemplated herein are not subject to the tax withholding provisions of Section 3406 of the Code, or of Subchapter A of Chapter 3 of the Code or of any other provision of law.
Appears in 2 contracts
Samples: Note Purchase Agreement (Lime Energy Co.), Securities Purchase Agreement (Lime Energy Co.)
No Withholding. The Company has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897 897(c)(1)(A)(ii) of the Code. The transactions contemplated herein are not subject Company has withheld and paid all Taxes required to the tax withholding provisions of Section 3406 of the Codehave been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, stockholder or of Subchapter A of Chapter 3 of the Code or of any other provision of lawthird-party.
Appears in 1 contract
Samples: Merger Agreement (Allergan Inc)
No Withholding. The Company has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897 897(c)(1)(A)(ii) of the Code. The transactions contemplated herein are not subject Company has withheld and paid all Taxes required to the tax withholding provisions of Section 3406 of the Codehave been withheld and paid in connection with amounts paid or owing to any employee, independent contractor, creditor, stockholder or of Subchapter A of Chapter 3 of the Code or of any other provision of lawthird party.
Appears in 1 contract
Samples: Merger Agreement (Cnet Networks Inc)
