Non-avoidance. Parent will not take any action with respect to the Company that would cause the transactions contemplated by this Agreement to constitute part of a transaction that is the same as, or substantially similar to, the “Intermediary Transaction Tax Shelter” described in Internal Revenue Service Notices 2001-16 and 2008-111.
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Samples: Merger Agreement (Belden Inc.), Merger Agreement (JDS Uniphase Corp /Ca/)
Non-avoidance. Parent will not take any action with respect to the Company and will cause the Company and its Subsidiaries not to take any action that would cause the transactions contemplated by this Agreement to constitute part of a transaction that is the same as, or substantially similar to, the “"Intermediary Transaction Tax Shelter” " described in Internal Revenue Service Notices 2001-16 and 2008-111.
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Non-avoidance. Parent will not take any action with respect to the Company or its Subsidiaries that would cause the transactions contemplated by this Agreement to constitute part of a transaction that is the same as, or substantially similar to, the “Intermediary Transaction Tax Shelter” described in Internal Revenue Service Notices 2001-16 and 2008-111.
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