Common use of Pooling Accounting Clause in Contracts

Pooling Accounting. Acquiror and Target shall each use its best ------------------ efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best efforts to cause its "Affiliates" (as defined in Section 5.8) not to take any action that would prevent Acquiror from accounting for the business combination to be effected by the merger as a pooling of interest.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Rational Software Corp)

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Pooling Accounting. Acquiror and Target shall each use its best ------------------ reasonable commercial efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best reasonable commercial efforts to cause its "Affiliates" (as defined in Section 5.8) not to take any action that would prevent adversely affect the ability of Acquiror from accounting to account for the business combination to be effected by the merger Merger as a pooling of interest.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Polycom Inc)

Pooling Accounting. Acquiror and Target shall each use its best ------------------ reasonable commercial efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best efforts to cause its "Affiliates" (as defined in Section 5.8) not to take any action that would prevent adversely affect the ability of Acquiror from accounting to account for the business combination to be effected by the merger Merger as a pooling of interestinterests.

Appears in 1 contract

Samples: Agreement and Plan of Merger (I2 Technologies Inc)

Pooling Accounting. Acquiror and Target shall each use its their best ------------------ efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best efforts to cause its "Affiliates" (as defined in Section 5.88.6) not to take any action that would prevent adversely affect the ability of Acquiror from accounting to account for the business combination to be effected by the merger Merger as a pooling of interestinterests.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Interactive Media Inc)

Pooling Accounting. Acquiror and Target shall each use its best reasonable ------------------ commercial efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best efforts to cause its "Affiliates" (as defined in Section 5.8) affiliates not to take any action that would prevent adversely affect the ability of Acquiror from accounting to account for the business combination to be effected by the merger as a pooling of interest.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Kana Communications Inc)

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Pooling Accounting. Acquiror and Target shall each use its best ------------------ commercially reasonable efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best commercially reasonable efforts to cause its "Affiliates" (as defined in Section 5.8) officers, directors and 10% shareholders not to take any action that would prevent adversely affect the ability of Acquiror from accounting to account for the business combination to be effected by the merger as a pooling of interestinterests.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Uproar Inc)

Pooling Accounting. Acquiror and Target shall each use its best ------------------ efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best efforts to cause its "Affiliates" (as defined in Section 5.8) not to take any action that would prevent Acquiror from accounting for the business combination to be effected by the merger as a pooling of interest.. 5.8

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Rational Software Corp)

Pooling Accounting. Acquiror and Target shall each use its best ------------------ reasonable commercial efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best efforts to cause its "Affiliates" (as defined in Section 5.85.6) not to take any action that would prevent adversely affect the ability of Acquiror from accounting to account for the business combination to be effected by the merger Merger as a pooling of interestinterests.

Appears in 1 contract

Samples: Agreement and Plan of Merger (I2 Technologies Inc)

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