Common use of Pooling of Interests; Tax Reorganization Clause in Contracts

Pooling of Interests; Tax Reorganization. To the knowledge of Parent, having sought and obtained the advice of its accounting advisors, neither Parent nor any of its Subsidiaries has taken (or as of the date hereof failed to take) any action which would prevent the accounting for the Merger as a pooling of interests in accordance with APB No. 16, the interpretative releases issued pursuant thereto, and the pronouncements of the Commission. To the knowledge of Parent, neither Parent nor any of its Subsidiaries has taken or failed to take any action which would prevent the Merger from constituting a reorganization within the meaning of section 368 of the Code.

Appears in 3 contracts

Samples: Merger Agreement (Engineering Measurements Co), Agreement and Plan of Reorganization (Advanced Energy Industries Inc), Merger Agreement (Advanced Energy Industries Inc)

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Pooling of Interests; Tax Reorganization. To the knowledge of ---------------------------------------- Parent, having sought and obtained the advice of its accounting advisors, neither Parent nor any of its Subsidiaries has taken (or as of the date hereof failed to take) any action which would prevent the accounting for the Merger as a pooling of interests in accordance with APB No. 16, the interpretative releases issued pursuant thereto, and the pronouncements of the Commission. To the knowledge of Parent, neither Parent nor any of its Subsidiaries has taken or failed to take any action which would prevent the Merger from constituting a reorganization within the meaning of section 368 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Rf Power Products Inc)

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