Common use of Pooling; Tax Matters Clause in Contracts

Pooling; Tax Matters. Neither the Acquiror nor, to the -------------------- Knowledge of the Acquiror, any of its Affiliates has taken or agreed 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 of the Commission or (b) the Merger from constituting a reorganization within the meaning of section 368(a) of the Code. Without limiting the generality of the foregoing:

Pooling; Tax Matters. Neither To the Acquiror nor, to the -------------------- Knowledge of the AcquirorAcquiror after due investigation, neither the 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 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:Section 5.12

Pooling; Tax Matters. Neither To the Acquiror nor, to the -------------------- Knowledge of the AcquirorAcquiror -------------------- after due investigation, neither the 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 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:.