Pooling; Tax-Free Qualification. PNU shall use its reasonable best efforts not to, and shall use its reasonable best efforts not to permit any of its Subsidiaries to, take any action (including any action otherwise permitted by this Section 4.1) that would prevent or impede the Merger from qualifying as a "pooling of interests" for accounting purposes or as a "reorganization" under Section 368(a) of the Code; provided, however, that nothing hereunder shall limit the ability of PNU to exercise its rights and/or fulfill its obligations under the Stock Option Agreements.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Monsanto Co), Agreement and Plan of Merger (Pharmacia & Upjohn Inc), Agreement and Plan of Merger (Pharmacia & Upjohn Inc)
