Reorganization Matters. Each of Parent, Merger Sub and the Company agrees that it will not engage in any action, or fail to take any action, and will cause its respective subsidiaries not to engage in any action, or fail to take any action, which action or failure to take action would reasonably be expected to cause the Merger to fail to qualify as a “reorganization” under Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger And (Network Appliance Inc), Agreement and Plan of Merger and Reorganization (Planar Systems Inc)
Reorganization Matters. Each None of Parent, Merger Sub and or the Company agrees that it will not engage in Company, or ---------------------- any action, of their respective affiliates shall take any action or fail to take any action, and will cause its respective subsidiaries not commercially reasonably action prior to engage in any action, or fail to take any actionfollowing the Closing, which action or failure to take action act would reasonably be expected to cause the Merger to fail to qualify as a “reorganization” under reorganization within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Lantronix Inc)
Reorganization Matters. Each None of Parent, Merger Sub and or the Company agrees that it will not engage in Company, or any action, of their respective Affiliates shall take any action or fail to take any action, and will cause its respective subsidiaries not to engage in any action, commercially reasonable action before or fail to take any actionfollowing the Closing, which action or failure to take action act would reasonably be expected to cause the Merger to fail to qualify as a “reorganization” under reorganization within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Neurobiological Technologies Inc /Ca/)