Pooling and Tax-Free Reorganization Treatment. Neither FirstMerit nor Security First shall intentionally take or cause to be taken nor fail to take any action, whether before or after the Effective Time, which would disqualify the Merger as a "pooling of interests" for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Code, other than FirstMerit's exercise of its rights under the Security First Stock Purchase Option.
Pooling and Tax-Free Reorganization Treatment. Neither Parent nor the Company shall intentionally cause to be taken any action, whether before or after the Effective Time, that would disqualify the Merger as a "pooling of interests" for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Code.
Pooling and Tax-Free Reorganization Treatment. (a) Prior to the Effective Time, neither AFC nor LISB shall take, fail to take, or cause to be taken or not taken, or cause or permit any of their respective Subsidiaries to take, fail to take, or cause to be taken or not taken, any action within its control, which would disqualify the Merger as a "pooling-of-interests" for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Code. Subsequent to the Effective Time, AFC shall not take any action within its control that would disqualify the Merger as such a "reorganization" under the Code, or as a pooling-of-interests for accounting purposes.
Pooling and Tax-Free Reorganization Treatment. Prior --------------------------------------------- to the Effective Time, neither RCFC nor Bayonne shall intentionally take, fail to take, or cause to be taken or not taken, or cause or permit any of their respective Subsidiaries to take, fail to take, or cause to be taken or not taken, any action within its control that would disqualify the Merger as a pooling-of- interests for accounting purposes or as a reorganization within the meaning of Section 368(a) of the Code. Subsequent to the Effective Time, RCFC shall not take any action within its control that would disqualify the Merger as a pooling-of-interests for accounting purposes or as a reorganization under the Code.
Pooling and Tax-Free Reorganization Treatment. Neither Valley nor Merchants shall intentionally take, fail to take or cause to be taken or not taken, any action within its control, which would disqualify the Merger as a "pooling of interests" for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Code.
Pooling and Tax-Free Reorganization Treatment. Neither IHS nor Coram shall intentionally take or cause to be taken any action, whether on or before the Effective Time, which would disqualify the Merger as a "pooling of interests" for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Code.
Pooling and Tax-Free Reorganization Treatment. Neither HEALTHSOUTH nor Advantage Health shall intentionally take or cause to be taken any action, whether on or before the Effective Time, which would disqualify the Merger as a "pooling of interests" for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Code.
Pooling and Tax-Free Reorganization Treatment. None of the Corporation, the Novalon Stockholders or Cubist shall intentionally take or cause to be taken any action, whether before or after the Acquisition Closing, which would disqualify the Acquisition as a "pooling of interests" for accounting purposes or as a "reorganization" within the meaning of Section 368 of the Code.
Pooling and Tax-Free Reorganization Treatment. Neither PhyCor nor MedPartners nor any their respective subsidiaries shall take or cause to be taken any action, whether on or before the Effective Time, which would disqualify the Merger as a "pooling of interests" for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Code. 6.13
Pooling and Tax-Free Reorganization Treatment. Neither Valley nor Xxxxx shall intentionally take, fail to take or cause to be taken or not be taken, any action within its control, whether before or after the Effective Time, which would disqualify the Merger as a "pooling of interests" for accounting purposes or as a "reorganization" within the meaning of Section 368(a) of the Code.
