Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without the consent of the Optionee, the Administrator, in its sole discretion, may make any modifications to the Option, including but not limited to cancellation, forfeiture, surrender or other termination of the Option in whole or in part regardless of the vested status of the Option, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.
Pooling of Interests Transaction. Notwithstanding anything in --------------------------------------------- the Plan or the Agreement to the contrary and without the consent of the Grantee, the Administrator, in its sole discretion, may make any modifications to the Option, including but not limited to cancellation, forfeiture, surrender or other termination of the Option in whole or in part regardless of the vested status of the Option, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.
Pooling of Interests Transaction. No modifications to the --------------------------------------------- Option shall be made in order to facilitate any business combination unless agreed to in writing by the Grantee.
Pooling of Interests Transaction. P-Com shall have received -------------------------------- opinions from Price Waterhouse, LLP and the Company's accountants as to the respective firms' concurrence with the respective companies' management regarding the appropriateness of
Pooling of Interests Transaction. If the Company enters into a business combination transaction that is intended to qualify for "pooling of interests" accounting treatment and the transaction would qualify for such treatment but for one or more provisions of this or any other agreement you have with the Company, then such agreement, to the extent practicable, shall be interpreted so as to permit such accounting treatment. All determinations under this Section shall be made by the accounting firm whose pooling of interests accounting opinion is required as a condition of the consummation of the business combination transaction in question.
Pooling of Interests Transaction. Telegen's accounting firm, -------------------------------- Coopers & Xxxxxxx L.L.P. ("C&L") shall have informed Telegen that it is not aware of any fact that would preclude Telegen from accounting for the Merger as a pooling of interests, and Telegen shall have received an opinion that the Merger will qualify as a pooling of interests transaction for financial reporting purposes.
Pooling of Interests Transaction. P-Com and CRC shall -------------------------------------- use their reasonable best efforts to cause P-Com's accounting firm, Price Waterhouse LLP, and CRC's accounting firm, KMPG Peat Marwick LLP, to deliver to P-Com upon the execution of this Agreement, an opinion, as to the respective firms' concurrence with the respective companies' management regarding the appropriateness of pooling of interests accounting for the merger under the Accounting Principles Board opinion No. 16 were the Merger to close as of the date hereof and as of the Closing.
Pooling of Interests Transaction. Avant! shall have received an opinion from KPMG Peat Marwick ("KPMG"), in form and substance satisfactory to Avant!, that the Merger will qualify as a pooling of interests transaction for financial reporting purposes. KPMG shall have received an opinion from Ernst & Young, in form and substance satisfactory to KPMG that the Merger will qualify as a pooling of interests.
Pooling of Interests Transaction. P-Com and the Company ----------- -------------------------------- shall use their reasonable best efforts to cause Price Waterhouse LLP, on behalf of both the Company and P-Com, to deliver to P-Com upon the execution of this Agreement, an opinion, as to the firm's concurrence with the respective companies' management regarding the appropriateness of pooling of interests accounting for the merger under the Accounting Principles Board opinion No. 16 were the transaction to close as of the date hereof and as of the Closing.
