Common use of Pooling; Tax Matters Clause in Contracts

Pooling; Tax Matters. As of the date hereof, to the Knowledge of the Company, neither the Company nor any of its Affiliates has taken or agreed to take any action or failed to take any action that would prevent (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP and the Regulations and interpretations of the SEC or (b) the Merger from constituting a reorganization within the meaning of Section 368(a) of the Code.

Pooling; Tax Matters. As of the date hereof, to the Knowledge of the CompanyAcquiror, neither the Company Acquiror nor any of its Affiliates has taken or agreed to take any action or failed to take any action that would prevent (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP and the Regulations and interpretations of the SEC or (b) the Merger from constituting a reorganization within the meaning of Section 368(a) of the Code.

Pooling; Tax Matters. As of Neither the date hereofCompany nor, to the Knowledge of the Company, neither the Company nor any of its Affiliates has taken or agreed to take any action or failed to take any action that would prevent (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP and the Regulations and interpretations of the SEC Commission or (b) the Merger from constituting a reorganization within the meaning of Section section 368(a) of the Code.. Without limiting the generality of the foregoing:

Pooling; Tax Matters. As of the date hereof, to the Knowledge None of the Company, neither its affiliates or the Company nor any of its Affiliates Shareholders has taken or agreed to take any action or failed to take any action that would prevent (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP and the Regulations rules, regulations and interpretations (the "Regulations") of the SEC Securities and Exchange Commission (the "Commission") or (b) the Merger from constituting a reorganization within the meaning of Section section 368(a) of the Code.. Without limiting the generality of the foregoing:

Pooling; Tax Matters. As of the date hereof, to the Knowledge of the Company, neither Neither the Company nor any of its Affiliates has taken or agreed to take any action or failed to take any action that would prevent the Merger from (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP and the Regulations regulations and interpretations of the SEC SEC; or (b) the Merger from constituting a reorganization within the meaning of Section 368(a368(a)2(E) of the Code.

Pooling; Tax Matters. As of the date hereof, to the Knowledge of the Company, neither Neither the Company nor any of its Affiliates has taken or agreed to take any action or failed to take any action that would prevent the Merger from (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP and the Regulations regulations and interpretations of the SEC SEC; or (b) the Merger from constituting a reorganization within the meaning of Section 368(a) of the Code. SCHEDULE 3.26 contains a true and complete list of all persons who may be deemed to be Affiliates of the Company.

Pooling; Tax Matters. As of the date hereof, to the Knowledge of To the Company's knowledge after reasonable inquiry, neither the Company nor any of its Affiliates affiliates has taken or agreed to take any action or failed to take any action that which action or failure would prevent the Merger from (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP and the Regulations regulations and interpretations of the SEC SEC; or (b) the Merger from constituting qualifying as a reorganization within the meaning of Section 368(a) of the Code.

Pooling; Tax Matters. As of the date hereof, to the Knowledge of the Company, neither Neither the Company nor any of its Affiliates has taken or agreed to take any action or failed to take any action that would prevent the Merger from (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP and the Regulations regulations and interpretations of the SEC SEC; or (b) the Merger from constituting a reorganization within the meaning of Section 368(a) of the Code. Schedule 3.26 contains a true and complete list of all persons who may be deemed to be Affiliates of the Company.

Pooling; Tax Matters. As of Neither the date hereofCompany nor, to the Knowledge of the Company, neither the Company nor any of its Affiliates has taken or agreed to take any action or failed to take any action that would prevent (a) the Merger from being treated for financial accounting purposes as a "pooling of interests" in accordance with GAAP generally accepted accounting principles and the Regulations and interpretations of the SEC Commission or (b) the Merger from constituting a reorganization within the meaning of Section section 368(a) of the Code.. SECTION 4.17