Pooling. From and after the date of this Agreement, none of the parties hereto, or any of their respective subsidiaries or other affiliates, shall knowingly take any action, or knowingly fail to take any action, other than actions which such party is required to take or abstain from taking pursuant to this Agreement or the Ancillary Agreements, which action or failure to act is reasonably likely to jeopardize the treatment of each Merger as a "pooling of interests" for accounting purposes. From and after the date of this Agreement, each of the parties hereto shall take all reasonable actions necessary to cause each Merger to be characterized as a pooling of interests for accounting purposes.
Appears in 5 contracts
Samples: Merger Agreement (Ivax Corp /De), Merger Agreement (Bergen Brunswig Corp), Merger Agreement (Bergen Brunswig Corp)
Pooling. From and after the date of this Agreement, none of the parties hereto, or any of their respective subsidiaries or other controlled affiliates, shall knowingly take any action, or knowingly fail to take any action, other than actions which such party is required to take or abstain from taking pursuant to this Agreement or the Ancillary AgreementsAgreement, which action or failure to act is could reasonably likely be expected to jeopardize the treatment of each the Merger as a "pooling of interests" for accounting purposes. From and after the date of this Agreement, each of the parties hereto shall take all reasonable actions necessary to cause each the Merger to be characterized as a "pooling of interests interests" for accounting purposes.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Sun Healthcare Group Inc), Merger Agreement (Retirement Care Associates Inc /Co/), Merger Agreement (Dura Pharmaceuticals Inc/Ca)