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Common use of Reorganization Treatment Clause in Contracts

Reorganization Treatment. Neither the Company nor any Company Subsidiary has taken or agreed to take any action that would prevent the Merger from constituting a reorganization qualifying under the provisions of Section 368(a) of the Code.

Appears in 3 contracts

Samples: Merger Agreement (CFM Technologies Inc), Merger Agreement (Mattson Technology Inc), Merger Agreement (CFM Technologies Inc)

Reorganization Treatment. Neither the Company nor any Company Subsidiary of its Affiliates has taken or agreed to take (or failed to take or agree to take) any action or knows of any facts or circumstances that would reasonably be expected to prevent the Merger from constituting qualifying as a reorganization qualifying under within the provisions meaning of Section 368(a) of the Code.

Appears in 2 contracts

Samples: Merger Agreement (Verifone Systems, Inc.), Merger Agreement (Hypercom Corp)

Reorganization Treatment. Neither the Company nor any Company Subsidiary of its Affiliates has taken or agreed to take (or failed to so take or agree to take) any action or knows of any facts or circumstances that would could reasonably be expected to prevent the Merger Mergers from constituting qualifying as a reorganization qualifying under within the provisions meaning of Section 368(a) of the Code.

Appears in 2 contracts

Samples: Merger Agreement (Seabulk International Inc), Merger Agreement (Seacor Holdings Inc /New/)

Reorganization Treatment. Neither the Company nor any Company Subsidiary of its Subsidiaries has taken or agreed to take (or failed to so take or agree to take) any action that would could reasonably be expected to prevent the Merger and the LLC Sub Merger from constituting qualifying as a reorganization qualifying under within the provisions meaning of Section 368(a) of the Code.” (d) Section 3.2(g) as set forth in its entirety below shall be inserted into the Merger Agreement:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Xto Energy Inc)