Common use of Pooling Accounting Clause in Contracts

Pooling Accounting. EVI and Company shall have received a letter from Arthxx Xxxexxxx XXX, in form and substance satisfactory to EVI and Company, to the effect that, in accordance with generally accepted accounting principles and the applicable rules and regulations of the SEC, EVI and the Company are each eligible to be a party to a merger accounted for as a "pooling of interests" and that Arthxx Xxxexxxx XXX is not aware of any matters or conditions that prohibit EVI's accounting for the Merger with the Company as a "pooling of interests".

Pooling Accounting. EVI and the Company shall have received a letter from Arthxx Xxxexxxx XXX, in form and substance satisfactory to EVI and Company, to the effect that, in accordance with generally accepted accounting principles and the applicable rules and regulations of the SEC, EVI and the Company are each eligible to be a party to a merger accounted for as a "pooling of interests" and that Arthxx Xxxexxxx XXX is not aware of any matters or conditions that prohibit EVI's accounting for the Merger with the Company as a "pooling of interests".